UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


SCHOOL  OF  LAW 
LIBRARY 


Paste  this  in  your  Moffett' s  Civil  Form  Book. 

DEPOSITIONS— Page  300.  59th,  Leg.  1905  P.  106— Art. 
•2274a  repealed  and  Arts.  2282  and  2284  amended  and  Arts. 
2291a,  2291  b,  2291c,  2291d,  2291e,  2291f,  and  2291g  added- 
l>y  ttOth  Leg.  1907,  page  186. 


Civi, 

ING  SALES.     Dealer  ?*W»«|£  Actg of  30th  Lcgis- 
for  a  license  and  bo«d.  ^  a  law   August 

of  this  B 


\: 


TEXAS 


CIVIL  FORM  BOOK 


WITH 


FORMS  OF  PLEADINGS,  REMOVAL  OF  CAUSES  FROM  STATE 

TO  FEDERAL  COURTS,   THE  FORMS  AND  LAW   OF 

BANKRUPTCY    OF    1898    AND   AMENDMENTS 

APPROVED   FEBRUARY   5,    1903,    AND 

COURT   RULES   OF   TEXAS 


By 

J.  W.  MOFFETT,  COUNSELOR-AT-LAW 
MI 

Midland,  Texas 


EL  PASO,  TEXAS 
GAMMEL  PUBLISHING  COMPANY 

1907 


T 
Al 

•    130? 


Entered  according  to  Act  of  Congress  in  the  year  1903  by 

J.  W.  MOFFETT, 
In  the  office  of  the  Librarian  of  Congress  at  Washington,  D.  C. 


Entered  according  to  Act  of  Congress  in  the  year  1907  by 

J.  W.  MOFFETT, 
In  the  office  of  the  Librarian  of  Congress  at  Washington,  D.  C. 


PREFACE    FIRST   EDITION 


In  submitting  this  work  to  the  legal  profession  of  Texas,  I  trust  it 
will  meet  with  such  favor  as  it  may  merit.  Neither  time  nor  labor  has 
been  spared  in  the  endeavor  to  prepare  a  work  which  will  be  of  great 
benefit  and  convenience  to  the  profession.  A  correct  and  complete  form 
book  is  a  valuable  addition  to  any  library  in  Texas.  Just  such  a  work 
the  writer  has  endeavored  to  prepare.  There  are  two  classes  of  the 
legal  profession  who  may  not  be  benefited  by  such  a  work  —  the  lawyer 
who  knows  'too  much  law  to  even  refer  to  a  form  book,  and  the  one  who 
depends  upon  it  entirely.  These  are  the  two  extremes  in  the  legal  pro- 
fession. The  writer  does  not  claim  perfection  for  this  work,  but  such 
mistakes  as  it  may  contain,  it  is  trusted,  will  be  of  minor  importance. 
The  writer  has  endeavored  to  follow  substantially  the  forms  laid  down 
in  the  statutes  of  this  State  and  other  standard  works,  with  such  addi- 

• 

tional  forms  as  have  never  been  published  in  any  work.  He  has  en- 
deavored to  embrace  most  of  the  practical  civil  forms  for  Texas.  Under 
each  form  is  given  the  article  of  the  statute  with  the  law,  and  such 
comments  as  were  deemed  most  helpful  and  necessary.  This  work  con- 
tains more  forms  than  is  now  contained  in  any  other  civil  form  book 
of  Texas.  In  pleadings,  it  contains  only  such  forms  as  the  writer 
deemed  most  helpful  to  the  practitioner.  An  effort  has  been  made  to 
cover  all  civil  forms  which  may  arise  during  the  trial  of  a  cause  in  the 
justice's  court  to  the  Court  of  Civil  Appeals 'and  the  Supreme  Court. 
It  contains  the  form  for  removal  of  a  -cause  from  the  State  to  the  Federal 
Court  and  the  law  and  forms  in  bankruptcy  of  1898,  and  amendment 
approved  February  5,  1903,  together  with  the  late  court  rules  of  Texas. 
Xo  attempt  has  been  made,  with  but  a  few  exceptions,  to  cite  any 
authorities  in  this  work.  This  book  is  entitled  "  The  Texas  Civil  Form 
Book." 

Trusting  the  same  may  prove  beneficial  and  helpful,  I  submit  it  to 
the  legal  profession  of  Texas.    Eespectfully  submitted, 

J.   W.   MOFFETT. 


PREFACE    SECOND    EDITION. 


The  first  edition  of  this  work  appeared  the  latter  part  of  1903  and 
every  copy  of  that  issue  has  been  disposed  of,  and  the  writer  was  re- 
quested to  prepare  a  second  edition  for  publication. 

The  rapid  sale  of  the  work,  together  with  the  many  letters  of  com- 
mendations of  the  work  from  many  of  the  leading  lawyers  of  the  State, 
was  sufficient  inducement  and  encouragement  to  the  writer  for  offering 
the  second  edition  to  the  legal  profession  of  Texas. 

This  edition  contains  all  of  the  forms  contained  in  the  first  edition 
together  with  such  additional  forms  that  were  deemed  most  helpful. 
It  is  the  hope  of  the  writer  that  this  edition  may  even  prove  more  bene- 
ficial and  helpful  'than  the  first  edition. 

Respectfully  submitted, 

J.   W.   MOFFETT. 

MIDLAND,  TEXAS,  July,  1907. 


TEXAS  CIVIL  F 


AND 


No.  1. 

ADOPTION  OF  HEIR. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  I, ,  a  resident  of 

County,  Texas,  wishing  to  confer  upon ,  a  minor, 

and  resident  of  said  county,  and  son  of ,  who  also  resides  in 

said  county,  all  the  rights  and  privileges,  both  in  law  and  equity,  of  a 

legal  heir,  do,  in  consideration  thereof,  hereby  adopt  the  said 

as  my  legal  heir,  to  all  the  intents  and.  purposes  of  the  statutes  of  this 
State  in  such  cases  made  and  provided. 

Witness  my  hand  at ,  Texas,  this. . .  .day  of ,  A.  D.  19. . 


The  State  of  Texas,  County  of 

Before  me,  the  undersigned  authority,  on  this  day  personally  ap- 
peared   ,  known  to  me  (or  proved  to  me  on  the  oath  of 

)  to  be  the  person  whose  name  is  subscribed  to  the  fore- 
going instrument,  and  acknowledged  to  me  that  he  executed  the  same 
for  the  purposes  and  consideration  therein  expressed. 

Given  under  my  hand  and  seal  of  office,  this.  . .  .day  of ,  A.  D. 

19.. 

<Seal.)  

Notary  Public  in  and  for County,  Texas. 

R.  S.  Art.  1  (1). 

•  »  « 

AFFIDAVITS,    OATHS  AND  AFFIRMATIONS. 

R.  S.  Arts.  3-8  (3-8). 

No.  2. 
AFFIDAVIT. 

The  State  of  Texas,  County  of 

Before  me,  the  undersigned  authority,  this  day  personally  came  and 
Appeared ,  to  me  well  known,  and  who,  after  being  by  me 


2  TEXAS  CIVIL  FORM  BOOK. 

duly  sworn,  did  depose  and  say (here  set  out  fully  the  matter  to 

be  sworn  to). 


Sworn  to  and  subscribed  before  me,  this.  . .  .day  of ,  A.  TX 

19.. 

(Seal.)  

R.  S.  Art.  6  (6). 

No.  3. 
AFFIDAVIT  TO  AN  ACCOUNT. 

The  State  of  Texas,  County  of 

Before  me,  the  undersigned  authority,  on  this  day  personally  appeared 
(if  agent  or  attorney  makes  the  oath,  add  agent,  or  at- 
torney for )  who  being  by  me  duly  sworn,  states  on  oath 

that  the  foregoing  and  annexed  account  in  favor  of 

against. for  the  sum  of dollars,  is,  within  the  knowl- 
edge of  affiant,  just  and  true;  that  it  is  due  and  unpaid,  and  that  all 
just  and  lawful  offsets,  payments  and  credits  have  been  allowed. 


Sworn  to  and  subscribed  before  me,   this.... day  of ,  A.   D. 

19.. 

(Seal.)  

R.  S.  Art.  2323  (2266). 


No.  4. 
DENIAL  UNDER   OATH   OF  VERIFIED  ACCOUNT. 

vs In Court  of County, 

Texas,   Term,  A.  D.  19.. 

Now  comes A ,  defendant  (or  plaintiff)  in  the  above  en- 
titled and  numbered  cause,  and  denies  the  verified  account  of  plaintiff 
(or  defendant,  as  the  case  may  be)  filed  in  this  cause,  and  says  that  said 
account  is  not  just  or  true,  in  whole  or  in  part  (if  part  only  of  said 
account  is  denied,  then  state,  that  the  following  items  of  said  account  are 
not  just  or  true,  to  wit: (here  state  such  items). 

,  defendant  (or  plaintiff)  in  the  above  entitled  and 

numbered  cause,  being  duly  sworn  by  me,  the  undersigned  authority, 
upon  his  oath  says,  that  the  facts  as  stated  in  the  above  instrument  of 
writing  are  true  and  correct. 


Sworn  to  and  subscribed  before  me  under  my  official  hand  and  seal, 

this  the day  of ,  A.  D.  19.  . 

(Seal.)  

R.  S.  Art.  2323  (2266). 


TEXAS  CIVIL  FORM  BOOK.  3 

No.  5. 

COMPLAINT  IN  LUNACY. 

The  State  of  Texas,   County  of In  the  County   Court  of 

County.    Lunacy. 

Before  me,  the  undersigned  authority,  on  this  day  personally  ap- 
peared  ,  who  after  being  by  me  duly  sworn,  on  hie  oath 

deposes  and  says  that of County,  Texas,  is  of  un- 
sound mind,  and  that  the  welfare  of  himself  and  of  others  requires  that 
he  be  placed  under  restraint. 


Sworn  to  and  subscribed  before  me,  this  the.  . .  .day  of ,  A.  D. 

19.. 


County  Judge County,  Texas. 

R.  S.  Art.  128   (106). 


No.  6. 

SCHOOL  TRUSTEE'S  OATH  OF  OFFICE. 

The  State  of  Texas,  County  of Department  of  Education. 

I, ,  having  been trustee  of  School  District  No.. . 

in County,  Texas,  do  solemnly  swear  that  I  can  read  and  write 

the  English  language,  that  I  have  been  a  resident  of  said  district  for  the 
six  months  last  past,  and  that  I  will  faithfully  and  impartially  dis- 
charge my  duties  as  School  Trustee  according  to  law  and  the  rules  and 
regulations  of  the  County  Superintendent  of  Public  Instruction,  and 
the  State  Superintendent  of  Public  Instruction,  during  the  term  for 
which  I  have  been  elected  (or  appointed,  as  the  case  may  be),  beginning 

the. . .  .day  of ,  A.  D.  19.  .,  and  ending  the day  of ,  A. 

D. 19.. 


Trustee  of  School ,  County  of . 

Postoffice  address. 


Sworn  to  and  subscribed  before  me  at ,  Texas,  this  the  .... 

day  of ,  A.  D.  19.. 

(Seal.)  

R.  S.  Arts.  3953-3955. 


4  TEXAS  CIVIL  FORM  BOOK. 

APPRENTICES. 

R.  S.  Arts.  23-48  (18-41). 

No.  7. 
APPLICATION   FOR   AN   APPRENTICE. 

The  State  of  Texas,  County  of In  County  Court  of 

County,  Texas, Term,  A.  D.  19. . 

To  the  Honorable  County  Court  of  said  County : 

Now  comes  your  petitioner ,  who  resides  in 

County,  Texas,  and  respectfully  represents  to  the  court,  that , 

also  a  resident  of  said  county  and  State,  is  a  minor  and  orphan,  under  the 
age  of  fourteen  years,  and  that  said  minor  is  without  sufficient -estate 
for  his  maintenance  and  education,  and  applicant  further  represents, 
that  he  feels  an  interest  in  the  welfare  of  said  minor,  and  believes  it 

would  be  to  the  interest  of  said  minor  to  learn  the  trade  of ; 

your  petitioner  further  represents,  that  he  is  skilled  in  said  trade  and 
now  engaged  in  carrying  on  said  trade  in  said  county,  as  his  regular 
trccupation. 

Wherefore,  your  petitioner  prays  the  court  that  citation  issue  herein 
as  the  law  directs,  and  at  the  next  regular  term  of  this  court  to  be  held 
for  probate  purposes,  an  order  be  granted  apprenticing  said  minor  to 
your  petitioner,  according  to  the  law  in  such  cases  made  and  provided. 


R.  S.  Art.  23  (18). 

The  county  court  may  bind  a  minor  as  an  apprentice — 

1.  When  such  minor  is  an  orphan  and  without  sufficient  estate  for 
his  maintenance  and  education, 

2.  When  the  parents  of  such  minor  have  suffered  him  to  become  a 
charge  upon  the  county, 

3.  When   the  parents  of  such   minor,  not  being  a  charge   on  the 
county,  shall  consent  in  writing  to  such  apprenticeship,  which  consent 
shall  be  signed  by  them,  and  filed  and  entered  of  record  in  such  court. 

R.  S.  Art.  23   (18). 


No.  8. 

CITATION  FOR  APPRENTICING  A  MINOR. 

The  State  of  Texas,  County  of To  the  Sheriff,  or  any  Con- 
stable, of  said  County,  Greeting: 

You  are  hereby  commanded,  that  you  summons,  by  posting  a  copy  of 
this  citation  at  each  of  three  public  places  in  said  county,  one  being  the 

courthouse  thereof,  all  persons  interested  in  the  welfare  of , 

a  minor,  who  resides  in  said  county,  to  be  and  appear  at  the  next  regular 


TEXAS  CIVIL  FORM  BOOK.  5 

term  of  the   county  court  of  said  county  to  be  held  for  probate  purposes 

at  the  courthouse  thereof  in ,  on  the  first  Monday  in , 

A.  D.  19. .,  the  same  being  the. . .  .day  of  eaid  month,  and  then  and 

there  contest  the  application  of ,  now  on  file  in  my  office, 

asking  the  court  then  and  there  to  apprentice  the  said to 

him,  the  said 

Herein  fail  not,  but  make  due  return  of  this  writ  with  your  action 
thereon  as  the  law  directs. 

Witness  my  hand  officially  and  the  seal  of  said  court  hereon  im- 
pressed, this.  . .  .day  of ,  A.  D.  19.  . 

(Seal.)  

Clerk  County  Court  of County,  Texas. 

A  minor  shall  not  be  apprenticed  without  citation  in  the  same  man- 
ner as  is  provided  in  the  case  of  an  application  for  the  guardianship 
of  a  minor. 

R.  S.  Art.  26  (21). 


No.  9. 
SERVICE   OF   CITATION— BY  POSTING. 

Came  to  hand  at. . .  .o'clock  a.  m.  on  the. . .  .day  of ,  A.  D. 

19. .,  and  served  on  the. . .  .day  of ,  A.  D.  19. .,  at. . .  .o'clock 

a.  m.  by  posting  up  in  public  view  a  copy  of  the  within  citation,  at  each 
of  three  public  places  in County,  Texas,  to  wit :  The  court- 
house of  said  county,  and  at ,  and ,  no  two  of  which 

places  are  in  the  same  -town.  The  distance  actually  traveled  in  the 
execution  of  such  process  is miles. 


Sheriff, County,  Texas*. 

By ,  Deputy. 

28  Leg.,  1903,  p.  81. 


No.  10. 

WAIVER   OF  CITATION  AND   SELECTION,  BY  MINOR   OVER  FOURTEEN 

YEARS  OF  AGE,  OF  PERSON  TO  WHOM  HE  DESIRES 

TO  BE  APPRENTICED. 

The  State  of  Texas,  County  of Application  for  Apprenticeship 

in  County  Court  of County,  Texas. 

And  now  comes ,  the  minor  mentioned  in  the  applica- 
tion of ,  for  apprenticeship,  being  over  fourteen  years  of 


6  TEXAS  CIVIL,  FORM  BOOK. 

age,  and  waives  the  issuance  of  citation  by  personal  service  and  hereby 
selects ,  to  whom  he  desires  to  be  apprenticed. 


R.  S.  Art.  29   (24). 


No.   11. 
OBLIGATION  OF  THE  PERSON  TO  WHOM  THE  MINOR  IS  APPRENTICED. 

The  State  of  Texas,  County  of  . , 

Know  all  men  by  these  presents,  that  we, ,  as  princi- 
pal, and and as  sureties,  are  held  and  firmly 

bound  unto ,  a  minor  apprenticed  to  the  said 

by  the  County  Court  of County,  Texas,  in  the  sum  of 

dollars;  conditioned  that  the  above  bound will  furnish  said 

minor  sufficient  food  and  clothing,  and  will  treat  him  humanely;  that 
he  will  teach  or  cause  to  be  taught  to  said  minor  the  trade  (or  occupa- 
tion) of ;  that  he  will  furnish  said  minor  medicine  and  medical 

attention  when  necessary;  and  that  he  will,  if  practicable,  send  said 
minor  to  school  at  least  three  months  in  each  year,  during  the  continu- 
ation of  his  apprenticeship,  after  he  is  ten  years  of  age,  and  within  the 
scholastic  age,  and  will  not  remove  said  minor  out  of  the  county  of 

without  the  leave  of  the  court;  and  that  he  will  not  remove 

said  minor  out  of  the  State. 

Witness  our  hands  this.  . .  .day  of .......  A.  D.  19.  . 


R.  S.  Art.  28  (23). 
Approved  by  me  this.  . .  .day  of ,  A.  D.  19.  . 

County  Judge,   County,  Texas. 

R.  S.  Art.  30  (25). 


No.  12. 

CONTRACT  OF  APPRENTICESHIP. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  this  contract,  made  and  entered 

into  on  this. . .  . day  of ,  A.  D.  19 .  .,  witnesseth,  that •.••••> 

the  son  of ,  and ,  of County,  Texas, 

being. . .  .years  of  age,  by  and  with  the  consent  and  advice  of  his  said 
father  and  mother,  who  are  not  a  charge  on  said  county,  testified  their 
becoming  a  party  hereto,  hath  bound  and  put  himself,  and  by  these 


TEXAS  CIVIL  FORM  BOOK.  7 

presents  doth  bind  and  put  himself,  apprentice  to ,  of  said 

State  and  county,  after  the  manner  of  an  apprentice,  to  dwell  with  and 

serve  the  said from  the  day  of  the  date  hereof  until  the.  . . 

day  of ,  A.  D.  19.  .,  during  which  term  the  said  apprentice  shall 

and  will  faithfully  serve  his  said  master,  and  honestly  and  obediently 
in  all  things  as  a  dutiful  apprentice  ought  to  do. 

And  the  said shall  and  will  furnish  said  minor  sufficient 

food  and  clothing;  that  he  will  treat  said  minor  humanely,  and  will 

teach,  or  cause  to  be  taught  to  said  minor  the  trade  and  art  of  a , 

that  he  will  furnish  said  minor  medicine  and  medical  attention  when 
necessary;  that  he  will,  if  practicable,  send  said  minor  to  school  at  least 
three  months  in  each  year  during  the  continuance  of  such  apprenticeship, 
after  he  is  ten  years  of  age,  and  within  the  scholastic  age,  and  will  and 
shall  provide  him  with  such  school  books  that  may  be  necessary,  and  at 
the  expiration  of  the  term  of  said  apprenticeship,  shall  and  will  give 
said  minor 

Witness  our  hands  this.  . .  .  dav  of.  .  ,  A.  D.  19.  . 


The  State  of  Texas,  County  of 

Before  me,  the  undersigned  authority,  on  this  day  personally  appeared 

, and ,  parties  to  the  above  and 

foregoing  instrument  in  writing,  each  known  to  me  to  be  the  persons 
whose  names  are  subscribed  thereto,  each  acknowledged  to  me  that  they 
executed  and  delivered  the  same  for  the  purposes  and  consideration 
therein  expressed. 

Given  under  my  hand  and  seal  of  office,  this.  . .  .day  of , 

A.  D.  19.. 

(Seal.)  

R.  S.  Art.  23   (18). 


No.  13. 
ORDER  APPRENTICING  MINOR. 

No Apprenticeship  of ,  a  Minor.    In  County  Court 

of County,  Texas. 

On  this.  .  .  .day  of ,  A.  D.  19. .,  came  on  to  be  heard  the  ap- 
plication for  the  apprenticeship  of ,  a  minor  of  the  age 

of years,  residing  in  said  county  of ,  and  it  appearing 

that  notice  of  this  proceeding  has  been  given  as  required  by  law,  and 

that  said  minor  ought  to  be  bound  as  an  apprentice,  and , 

a  citizen  and  resident  of  said  county,  having  given  an  obligation  as 

guardian  in  the  sum  of dollars,  bearing  date  on  the.  .  .  .day  of 

,  A.  D.  19.  .,  which  has  been  approved  and  filed  as  required  by 


8  TEXAS  CIVIL  FORM  BOOK. 

law,  it  is  ordered  that  said  bond  be  recorded  in  the  minutes  of  this 

court,  and  that  said. is  hereby  authorized  and  empowered 

to  take  charge  and  control  of  said  minor  and  to  retain  the  same  until 
he  arrives  at  the  age  of  twenty-one  years.  (If  the  minor  is  a  female, 
the  last  clause  of  the  order  should  read  as  follows:  and  to  retain  the 
same  until  she  arrives  at  the  age  of  eighteen  years,  or  until  she  marries, 
if  she  marries  before  that  age.) 


ARBITRATION. 

R.  S.  Art.  31    (26). 

In  General,  R.  S.  Arts.  47-61   (42-56). 

Of  grievances  between  employer  and  employe.     R.  S.  Arts.  61a-61k. 

No.  14. 
AGREEMENT  OF  ARBITRATION. 

The  State  of  Texas,  County  of 

Whereas  a  controversy   is   now  pending  between and 

in  relation  to  the  price  to  be  paid  by  the  said 

to  the  said for  the  labor  and  services  rendered  by  said 

,  for  and  in  behalf  of  said .,  and  at  his  special 

instance  and  request,  in  purchasing  cattle  for  said ,  and 

forwarding  the  same  'to  him  at ,  Texas,  from ,  during  the 

month  of ,  A.  D.  19 . . ,  (or,  •  here  state  such  grounds  that  may 

exist)  for  which  services  the  said claims  the  sum  of 

dollars.    Now,  therefore,  we, as  plaintiff,  and 

as  defendant,  do  hereby  agree  to  arbitrate  the  differences  or  matters  in 
dispute  between  us  and  submit  said  controversy,  and  all  matters  there- 
with connected,  to  the  arbitration  of ,  chosen  by  said 

,   and ,   chosen  by  said ,   each 

being  over  the  age  of  twenty-one  years,  and  not  related  to  either  party 
by  consanguinity  or  affinity,  and  possessing  the  qualifications  of  jurors, 
and  who  are  not  interested  in  the  result  of  the  cause  to  be  submitted  for 
their  decisions,  in  accordance  with  the  provisions  of  the  statute  in  such 
case  made  and  provided.  This  agreement  shall  be  filed  (if  $200.00  or 

less,  exclusive  of  interest)  with ,  justice  of  the  peace  in 

and  for  precinct  No ,  in  said  county  and  State,  for  such  other  pro- 
ceedings upon  his  part  as  are  required  by  law. 

Witness  our  hands  this.  . .  .day  of ,  A.  D.  19.  . 

,  Plaintiff. 

,  Defendant. 

R.  S.  Art.  48   (43). 


TEXAS  CIVIL  FORM  BOOK.  9 

The  agreement  of  arbitration  shall  be  filed  in  the  court  having  juris- 
diction of  the  amount  as  in  other  cases. 
R.  S.  Art.  49   (44). 

When  such  agreement  is  filed,  the  justice  of  the  peace  or  the  clerk  of 
the  county  or  district  court,  as  the  case  may  be,  shall  forthwith  designate 
a  day  for  the  trial  of  the  cause,  not  less  than  two  days  thereafter,  and 
shall  issue  process  for  such  witnesses  as  either  party  may  desire,  re- 
turnable on  the  day  fixed  for  trial. 

R.  S.  Art.  50  (45). 

Oath  of  arbitrators:  "You  do  solemnly  swear  (or  affirm)  that  you 
will  fairly  and  impartially  decide  the  matter  in  dispute  between 
,  the  plaintiff,  and ,  the  defendant,  accord- 
ing to  the  evidence  adduced  and  the  law  and  equity  applicable  to  the 
facts  proved,  so  help  you  God." 

R.  S.  Art.  51   (46). 

Parties  may  reserve  the  right  of  appeal. 
R.  S.  Art.  56   (51). 


No.  15. 

AWARD  OF  ARBITRATORS. 
VS 

The  undersigned  arbitrators,  selected  by  the  above  entitled  parties  in 

their  agreement  dated  on  the. . .  .day  of ,  A.  D.  19.  .,  and  filed 

with ,  a  justice  of  the  peace  in  and  for  precinct  No , 

in County,  Texas,  having,  on  the. . .  .day  of ,  A.  D.  19. . 

(being  the  day  assigned  by  the  justice  for  the  trial  of  said  controversy), 
been  duly  sworn,  and  having  heard  the  allegations,  and  proofs  of  the 

parties,  have  agreed  and  do  decide  that  the  services  of ,  for 

the  month  of ,  A.  D.  19. .,  are  worth  the  sum  of dollars 

(or  here  state  the  decision  of  the  arbitrators),  and  that 

shall  pay said  sum,  and  all  costs  in  this  behalf  incurred. 

Witness  our  hands  this.  . .  .day  of ,  A.  D.  19.  . 


R.   S.  Art.  54    (49). 

Such  award  shall  be  entered  and  recorded  as  the  judgment  of  the 
court,  with  like  effect  as  other  judgments  of  said  court,  and  upon  which 
execution  may  issue  as  on  ordinary  judgments. 


10  TEXAS  CIVIL  FORM  BOOK. 

No.  16. 
JUDGMENT   FOR   THE   PLAINTIFF   ON   THE   AWARD   OF   ARBITRATORS. 

vs No In  Justice  Court,  Precinct 

No , County,  Texas,  . .  .  .day  of ,  A.  D.  19.  . 

This  day  came  the  parties  by  their  attorneys,  and  it  appearing  to  the 
court  that  this  cause  has  been  duly  referred,  according  to  the  statute  in 
such  case  made  and  provided,  to and ,  arbi- 
trators, to  hear  and  determine,  and  that  the  award  of  said  arbitrators 
was  filed  in  this  court  on  the.  . .  .day  of ,  A.  D.  19. .,  in  sub- 
stance as  follows :  (here  set  out  award  of  arbitrators.) 

It  is  therefore  ordered  that  said  award  be  and  the  same  is  now  entered 
and  recorded  as  the  judgment  of  this  court,  and  execution  issue  thereon. 


The  award  is  filed  with  the  justice  or  clerk,  as  the  case  may  be,  and 
entered  and  recorded  at  the  succeeding  term  of  the  court. 
R.  S.  Art.  54   (49). 


No.  17. 
APPLICATION  FOR  AN  APPEAL. 

The  State  of  Texas,  County  of In  Justice  Court,  Precinct 

No , County,  Texas ,  Justice  of  the  Peace. 

Now  comes ,  and  respectfully  represents  to  the  court 

that  the  award  rendered  on  the.... day  of ,  A.  D.  19..,  by 

and ,  arbitrators,  duly  appointed  by  an  agree- 
ment for  arbitration,  filed  in  this  court,  wherein is  plain- 
tiff and is  defendant,  and  the  judgment  entered  thereon  in 

this  court  on  said  date  is  unjust  and  contrary  to  law  and  the  evidence. 

Wheref ore  the  said hereby  appeals  from  the  award  of 

said  arbitrators  and  judgment  in  said  cause,  and  prays  the  court  that 

said be  cited  to  appear  at  the  next  regular  term  of  your 

honor's  court  and  make  his  defense  herein,  etc. 


R.  S.  Art.  56   (51). 

Upon  the  filing  of  the  application  for  appeal,  the  same  shall  be  noted 
on  the  docket  of  the  court,  and  the  opposite  party  served  with  a  citation, 
as  in  ordinary  cases  of  suit  by  petition.  Upon  return  of  service  upon 
the  opposite  party,  the  cause  shall  stand  for  trial  de  novo  as  in  ordinary 
cases. 

R.  S.  Art.  57    (52). 


TEXAS  CIVIL  FORM  BOOK.  11 

After  an  agreement  to  arbitrate  is  filed  as  prescribed  in  article  49, 
the  parties  thereto  shall  be  bound  to  that  mode  of  trial.  Such  agree- 
ment may  be  pleaded  in  bar  to  any  suit  thereafter  by  either  the  plaintiff 
or  defendant  when  either  has  refused  to  proceed  under  such  agreement. 

R.  S.  Art.  59  (54). 


ALIENS. 

Ownership  of  lands  inhibited.     R.  S.  Arts.  9-16. 

R.  S.  Sec.  5-16   (2165-2174). 

How  naturalized.     R.  S.  Sec.  5-16   (2165-2174). 

No.  18. 
DECLARATION   OF  INTENTION. 

The  State  of  Texas,  County  of In Court  of 

County,  Texas. 

Before  me,  the  undersigned  authority,  on  this-  day  personally  ap- 
peared   who  declares  upon  oath  that  he  is  the  natural  born 

subject  of ;  that  he  was  born  in ;  that  he  is years 

of  age;  that  he  emigrated  to  the  United  States  of  America  and  arrived 

at  the  port  of in  the  State  of on  or  about  the. . .  .day 

of ,  A.  D.  19. .;  that  he  is  now  residing  in County, 

Texas;  that  it  is  his  bona  fide  intention  to  become  a  citizen  of  the 
United  States,  and  renounce  forever  all  allegiance  and  fidelity  to  any 
foreign  prince,  potentate,  state  or  sovereignty  whatsoever,  particularly 
any  and  all  allegiance  to  the  king  of ,  of  whom  he  is  now  a  sub- 
ject, and  that  he  will  bear  true  allegiance  to  the  United  States,  and 
support  the  Constitution  of  the  same. 


Subscribed  and  sworn  to  before  me,  this.  . .  .day  of ,  A.  D.  19.  . 

Witness  my  hand  and  seal  of  office,  at . .  . ,  this ....  day  of , 

A.  D.  19.. 


Court, County,  Texas. 

By ,  Deputy. 

R.  S.  Sec.  5  (2165). 

Declaration  may  be  made  before  a  circuit  or  district  court  of  the 
United  States,  or  a  district  or  supreme  court  of  the  territories,  or  a  court 
of  record  of  any  of  the  States  having  a  common  law  jurisdiction,  and 
seal  and  clerk,  or  before  the  clerk  of  any  of  said  named  courts,  two 
years,  at  least,  prior  to  his  admission.  Persons  residing  in  the  United 
States  before  January  29,  1795,  may  admitted  to  become  a  citizen,  by 
making  the  necessary  proof,  that  he  has  resided  two  years,  at  least, 


12  TEXAS  Civn,  FORM  BOOK. 

within  the  jurisdiction  of  the  United  States,  and  one  year,  at  least,  im- 
mediately preceding  his  application,  within  the  state  or  territory  where 
such  court  is  at  the  time  held. 

Persons  residing  in  the  United  States  and  under  its  jurisdiction,  be- 
tween the  18th  day  of  June,  1798,  and  the  18th  day  of  June,  1812,  and 
who  has  continued  to  reside  within  the  same,  may  be  admitted  to  become 
citizens  without  having  made  any  previous  declaration  of  his  intention- 
to  become  such,  by  making  the  necessary  proof  of  five  years  continued 
residence  within  the  United  States. 


No.  19. 

CERTIFICATE  OF  DECLARATION  OF  INTENTION. 
UNITED  STATES  OP  AMERICA. 

The  State  of  Texas,  County  of 

Be  it  remembered  that  on  this.  . .  .day  of .,  A.  D.  19.  .,  before- 

me,  clerk  of  the Court  in  and  for  said  State  and  county,  per- 
sonally appeared ,  who,  being  duly  sworn  (or  affirmed)  ac- 
cording to  law,  did  declare  and  say  he  is  a  native  of ,  and  a 

subject  of  the  king  of ;  that  he  is  now  residing  in  the  county 

of ,  State  of  Texas;  that  he  is  twenty- two  years  of  age,  or  there- 
abouts, and  that  it  is  bona  fide  his  intention  to  become  a  citizen  of  the 
United  States,  and  to  renounce  forever  all  allegiance  and  fidelity  to  any 
foreign  prince,  potentate,  state  or  sovereignty  whatever,  and  particularly 
to  the  king  of ,'of  whom  he  is  now  a  subject. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  affixed  the  seal, 
of  said  court  this.  . .  .day  of ,  A.  D.  19.  . 


Clerk, Court, County,  Texas. 


No.  20. 
PETITION  AND  AFFIDAVIT  FOR  FINAL  NATURALIZATION  PAPERS. 

The  State  of  Texas,  County  of In Court,    

Term,  A.  D.  19 .. 

To  the  Hon ,  Judge  of  said  Court: 

Your  petitioner ,  respectfully  shows  that  he  is  an  alien 

and  a  native  of ,  above  the  age  of  twenty-one  years;  that  orr 

the day  of ,  A.  D.  19. .,  before clerk  of 

County,  State  of  Texas,  he  declared  on  oath  that  it  was  bona  fide  his 


TEXAS  CIVIL  FORM  BOOK.  13 

intention  to  become  a  citizen  of  the  United  States,  and  to  renounce 
forever  all  allegiance  and  fidelity  to  any  foreign  prince,  potentate,  state 

or  sovereignty  whatever,  and  particularly  to  the ,  of  whom  he 

was  before  a  subject,  a  certificate  of  which  is  hereto  attached.  Petitioner 
further  shows  that  he  has  resided  within  the  United  States  upwards  of 
five  years,  and  in  the  State  of  Texas  one  year,  both  periods  immediately 
preceding  this,  his  application  to  become  a  citizen  of  the  United  States; 
that  he  has  never  borne  any  hereditary  title  or  been  of  any  of  the  orders 
of  nobility.  He  therefore  prays  that  on  his  making  proof  and  taking 
the  oath  prescribed  by  law,  he  may  be  admitted  a  citizen  of  the  United 
States  of  America. 


Sworn  to  and  subscribed  before  me,  this.  . .  .day  of ,  A.  D.  19.  . 

Clerk  of  the Court,   County,  Texas. 

We,   and ,  do  solemnly  swear  that  we  are 

well  acquainted  with ,  the  petitioner;  that  to  our  knowl- 
edge he  has  resided  within  the  United  States  five  years,  and  in  the  State 
of  Texas  one  year,  both  periods  immediately  preceding  this,  his  appli- 
cation to  become  a  citizen;  that  during  said  time  he  has  behaved  as  a 
man  of  good  moral  character,  attached  to  the  principles  of  the  Consti- 
tution of  the  United  States,  and  well  disposed  ta  the  good  order  and 
happiness  of  the  same. 


Sworn  to  and  subscribed  before  me,  this.  . .  .day  of ,  A.  D.  19 . . 

Clerk  of  the Court  of County,  Texas. 

I,. ,  do  solemnly  swear  that  I  will  support  the  Constitu- 
tion of  the  United  States  of  America,  and  I  do  absolutely  ajid  entirely 
renounce  and  abjure  all  allegiance  and  fidelity  to  any  foreign  prince, 

potentate,  state  or  sovereignty  whatever,  and  particularly  to  the , 

of  whom  I  was  before  a  subject. 


Sworn  to  and  subscribed  before  me,  this. . .  .day  of .......  A.  D.  19. . 


Clerk  of  the Court,   County,  Texas. 

R.  S.  See.  5  (2165). 


14:  TEXAS  CIVIL  FORM  BOOK. 

No.  21. 

ORDER   ADMITTING   TO   CITIZENSHIP. 

The   State   of   Texas,   County   of In   the Court  of 

County,  Texas, Term,  A.  D.  19 .. 

On  this  the. . .  .day  of ,  A.  D.  19. .,  came  on  to  be  considered 

the  application  of ,  a  native  of ,  praying  to  be  ad- 
mitted to  become  a  citizen  of  the  United  States;  and  it  appearing  to 
the  court  that  he  had  declared  on  oath  (or  affirmation),  before  the  clerk 

of  the court  in  and  for  the  county  of ,  State  of  Texas, 

on  the. . .  .day  of ,  A.  D.  19. .,  that  it  was  bona  fide  his  intention 

to  become  a  citizen  of  the  United  States,  and  to  renounce  forever  all 
allegiance  and  fidelity  to  any  foreign  prince,  potentate,  state  or  sover- 
eignty whatsoever,  and  particularly  to  the  king  of ,  of  whom 

he  was  at  that  time  a  subject;  and  the  said having  on  oath 

declared,  and  also  made  proof  thereof,  agreeably  to  law,  to  the  satis- 
faction of  the  court,  that  he  had  resided  one  year  and  upwards  within 
the  State  of  Texas,  and  within  the  United  States  of  America  upwards  of 
five  years,  both  periods  immediately  preceding  his  application,  and  that 
during  said  period  of  five  years  he  had  behaved  as  a  man  of  good  moral 
character,  attached  to  the  principles  of  the  Constitution  of  the  United 
States,  and  well  disposed  to  the  good  order  and  happiness  of  the  same; 
and  having  declared  on  oath  (or  affirmation)  before  the  said  court,  that 
he  would  support  the  Constitution  of  the  United  States,  and  that  he  did 
absolutely  and  entirely  renounce  and  abjure  all  allegiance  and  fidelity 
to  every  foreign  prince,  potentate,  state  and  sovereignty  whatsoever,  and 

particularly  to  the  king  of ,  of  whom  before  he  was  a  subject; 

and  having  in  all  respects  complied  with  the  laws  in  regard  to  naturaliza 
tion-. 

It  is  therefore  ordered,  adjudged  and  decreed  by  the  court,  that  the 
said be  and  he  is  hereby  admitted  to  all  the  rights,  immu- 
nities, and  privileges  of  a  citizen  of  the  United  States  of  America,  in 
terms  of  the  Constitution  and  laws  of  the  same;  and  it  is  further  ordered 
that  the  clerk  of  this  court  enter  this  order  together  with  all  the  pro- 
ceedings aforesaid,  of  record  in  this  court,  and  issue  to certificate 

of  naturalization,  he  having  first  paid  the  cost  herein  incurred. 


No.  22. 
CERTIFICATE  OF  NATURALIZATION. 

The  State  of  Texas,  County  of 

Be  it  remembered,  that  at  the  district  court  for  the  county  of > 

State  of  Texas,  held  at  the  courthouse  thereof,  in  the  city  of ,. 

Texas,  on  the.  . .  .day  of ,  A.  D.  19.  ., :....,  a  native  of 


TEXAS  CIVIL  FORM  BOOK.  16 

,  exhibited  his  petition,  praying  to  be  admitted  to  become  a 

citizen  of  the  United  States;  and  it  appearing  to  the  court  that  he  had 
declared  on  oath  (or  affirmation),  before  the  clerk  of  the  district  court 

in  and  for  the  county  aforesaid,  on  the. . .  .day  of ,  A.  D.  19. ., 

that  it  was  bona  fide  his  intention  to  become  a  citizen  of  the  United 
States,  and  to  renounce  forever  all  allegiance  and  fidelity  to  any  foreign 
prince,  potentate,  state  or  sovereignty  whatsoever,  and  particularly  to 
the  king  of ..........  of  whom  he  was  at  that  time  a  subject;  and  the 

said having  on  oath  declared,  and  also  made  proof  thereof, 

agreeably  to  law,  to  the  satisfaction  of  the  court,  that  he  had  resided 
one  year  and  upwards  in  the  State  of  Texas,  and  within  the  United 
States  of  America  upwards  of  five  years,  both  periods  immediately  pre- 
ceding his  application,  and  that  during  said  period  of  five  years  he  had 
behaved  as  a  man  of  good  moral  character,  attached  to  the  principles  of 
the  Constitution  of  the  United  States,  and  well  disposed  to  the  good 
order  and  happiness  of  the  same;  and  having  declared  on  oath  (or  affir- 
mation) before  the  said  court  that  he  would  support  the  Constitution  of 
the  United  States,  and  that  he  did  absolutely  and  entirely  renounce  and 
abjure  all  allegiance  and  fidelity  to  every  foreign  prince,  potentate,  state 

and  sovereignty  whatsoever,  and  particularly  to  the  king  of , 

of  whom  he  was  before  a  subject;  and  having  in  all  respects  complied 
with  the  laws  in  regard  to  naturalization;  thereupon  the  said  court  ad- 
mitted the  said to  become  a  citizen  of  the  United  States, 

and  ordered  all  the  proceedings  aforesaid  to  be  entered  in  the  records 
of  said  court. 

In  witness  whereof,  I, ,  clerk  of  the  district  court  in  and 

for  the  county  of ,  State  of  Texas,  have  hereunto  signed  my 

name  and  affixed  the  seal  of  said  court,  this.  . .  .day  of ,  A.-  D. 

19.. 

(Seal.).  

Clerk  District  Court, County,  Texas. 


TEMPORARY  ADMINISTRATION. 

No.  23. 
ORDER  APPOINTING  TEMPORARY  ADMINISTRATOR. 

No Estate  of ,  Deceased.    In  the  County  Court  of 

County,  Texas,  Sitting  in  Probate Term,  19 .  . 

The  State  of  Texas,  County  of To  All  to  Whom  These  Pres- 
ents May  Come  —  Greeting : 

Be  it  known,   that  whereas,  it  having  been  made  known  to  me  a? 

county  judge  of  said  county,  that -departed  this  life  on  the 

day  of ,  A.  D.  19.  .,  in  the  County  of in  the  State  of 


16  TEXAS  CIVIL  FORM  BOOK. 

Texas,  where  the  said  deceased  had  h. .  residence  and  domicile  prior 
to  and  at  the  time  of  h . .  death,  and  that  .  .  he  died  possessed  of  an 
estate  consisting  of  real  and  personal  property  of  the  probable  value  of 
dollars. 

And  it  appearing  to  me  in  my  official  capacity,  that  it  would  be  to 
the  best  interest  of  the  estate  of  said  deceased,  that  the  following  matters 
concerning  the  estate  be  attended  to  at  once,  viz : and  fur- 
ther that  the  interests  of  said  estate  require  the  immediate  appointment 

of  an  administrator,  and  that . .  who  has  made  application 

therefor  to  me,  is  a  suitable  person  to  act  as  temporary  administrator  of 
said  estate. 

Now  therefore,  I, ,  Judge  of  the  County  Court  in  and  for 

the  county  aforesaid,  have  on  this  the  ....  day  of ,  A.  D.  19. .,  and 

do  hereby  appoint  the  said temporary  administrator  of  the 

estate  of ,  deceased,  with  authority  and  full  power  to 

and  for  the  faithful  performance  of  which,  as  well  as  of 

all  duties  under  this  appointment,  the  execution  of  a  good  and  lawful 

bond  in  the  sum  of dollars  is  hereby  required  of  him,  the  said 

,  as  such  temporary  administrator. 

And  it  is  hereby  ordered  that  this  appointment  shall  not  take  effect, 
nor  be  delivered  to  the  said  temporary  administrator,  until  the  same 

shall  have  been  recorded  in  the  probate  minutes  of County,  and 

until  the  clerk  of  this  court  shall  have  endorsed  on  this  appointment,  a 
certificate  that  the  same  has  been  so  recorded,  and  until  the  said  tem- 
porary administrator  has  taken  the  oath  and  has  given  bond  as  required 
herein  and  as  required  by  law; 

And  ordered  that  this  appointment  shall  cease  to  be  of  force  on  the 

day  designated  for  taking  up  probate  business  at  the Term,  A.  D. 

19.  .,  of  this  court,  the  same  being  the  first  term  of  the  county  court 
held  next  after  the  date  of  this  order,  unless  at  that  term  it  be  continued 
in  force  by  an  order  entered  upon  the  minutes  in  open  court; 

And  further  ordered  that  the  said  temporary  administrator  shall  have 
and  exercise  only  such  rights  and  powers  with  regard  to  this  estate,  or 
such  portions  thereof  as  are  or  may  be  committed  to  his  charge,  as  are 
specifically  and  clearly  expressed  in  this  order  and  appointment,  and 
that  at  the  expiration  of  the  term  for  which  he  is  appointed  he  shall 

file  with  the  clerk  of  the  county  court  of County,  a  list  of  all  the 

property  of  the  estate  which  has  come  to  his  hands,  a  return  of  all  sales 
made  by  him,  if  any,  and  a  full  exhibit  and  account  of  all  his  acts  as 
such  temporary  administrator,  all  of  which  shall  be  verified  by  his 
affidavit. 

Witness  my  hand  and  seal  of  the  County  Court,  this  the ....  day  of 
,  A.  D.  19.. 


Judge  County  Court, County. 

By ,  Deputy. 

Attest: ,  Clerk  County  Court County,  Texas. 

R.  S.  Art.  1930   (1877). 


TEXAS  Civil,  FORM  BOOK.  17 

No.  24. 
CLERK'S  CERTIFICATE  OF  TEMPORARY  ADMINISTRATOR. 

The  State  of  Texas,  County  of 

1, ,  Clerk  of  the  County  Court  in  and  for  the  county  and 

State  aforesaid,  do  hereby  certify  that  the  foregoing  and  attached  order 
of  the  Hon ,  County  Judge  of County,  Texas,  ap- 
pointing   temporary  administrator  of  the  estate  of 

deceased,  has  been  duly  recorded  in  the  probate  minutes  of  said  court, 

in  Book . . . .,  pages ,  and  I  further  certify  that  the  said 

has  taken  the  oath  and  has  given  bond  as  required  by  law. 

Witness  my  hand  and  official  seal,  at  office  in ,  Texas,  this  . . . 

day  of ,  A.  D.  19.. 


Clerk  County  Court, County,  Texas. 

By ,  Deputy. 

R.  S.  Art.  193  (1878). 


No.  25. 

OATH    OF    TEMPORARY    ADMINISTRATOR. 

I  do  solemnly  swear  that  I  will  well  and  truly  perform  the  duties  of 
temporary  administrator  of  the  estate  of ,  deceased,  in  ac- 
cordance with  law,  and  with  the  order  of  the  court  appointing  me  such 
administrator. 


Sworn  to  and  subscribed  before  me,  this  the  ....  day  of ,  A.  D. 

19.. 


R.  S.  Art.  1940   (1877). 


No.  26. 
BOND  OF  TEMPORARY  ADMINISTRATOR. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  we, as  principal, 

and and as  sureties,  are  held  and  firmly  bound 

unto  the  counfy  judge  of  the  county  of ,  and  his  successors  in 

office,  in  the  sum  of dollars,  conditioned  that  the  above  bound 

,  who  has  been  appointed  by  the  county  judge  of 

2 


18  TEXAS  CIVIL  FORM  BOOK. 

County,  Texas,  administrator  of  the  estate  of ,  deceased, 

shall  well  and  truly  perform  all  the  duties  required  of  him  under  said 
appointment. 


Approved  by  me,  this  the. . .  .day  of ..:.....,  A.  D.  19.  . 

County  Judge, County,  Texas. 

R.  S.  Art.   1942   (1889). 

Art.  1942   (1895)    amended  by  25th  Leg.    (1897),  Sec.   1,  Art.  1942,  p.  58. 


ADMINISTRATION. 

R.  S.  Arts.  1840-2263    (1789-2208). 

No.  27. 

APPLICATION  FOR   LETTERS   OF  ADMINISTRATION. 

In  the  matter  of  the  Estate  of ,  Deceased.     In  County 

Court  of County,  Texas,   Term,  19 .  . 

To  the  Honorable ,  Judge  of  the  County  Court  of 

County,  State  of  Texas: 

This,  the  application  of ,  a  resident  of County, 

respectfully  shows:  That is  dead;  that  .  .he  died  on  or 

about  the.  . .  .day  of ,  A.  D.  19.  .,  in  the  county  of and 

State  of ;  that  .  .he  died  intestate;  that  said  deceased  was,  at 

the  time  of  h. .  death,  a  resident  of  the  county  of ,  State  of 

Texas ;  that  at  the  time  of  h . .  death,  the  said was  seized 

and  possessed  of  real  and  personal  property  of  the  probable  value  of 
.....  .dollars.     That  a  necessity  exists  for  an  administration  upon  said 

estate  for  the  following  reasons:  (here  state  the  necessity  for  adminis- 
tration). That  your  applicant  is  not  disqualified  by  law  to  act  as  ad- 
ministrator. 

Wherefore  your  applicant  prays  that  citation  issue  hereon,  as  the  law 
provides,  and  that  upon  a  hearing  and  the  proofs  adduced,  letters  of 
administration  issue  to  applicant,  and  that  all  further  and  necessary 
orders  be  made  in  the  premises. 


Applicant. 

Dated 19.  . 

R.  S.  Art.  1888   (1835). 


TEXAS  CIVIL  FORM  BOOK.  19 

No.  28. 

CITATION  ON  APPLICATION  FOR  LETTERS— ESTATES. 

The  State  of  Texas,  to  the  Sheriff  or  any  Constable  of County- 
Greeting  : 

You  are  hereby  commanded  to  cause  to  be  posted  for  ten  days,  ex- 
clusive of  the  day  of  posting,  before  the  return  day  hereof  in  three  of  the 

most  public  places  in County,  one  of  which  shall  be  at  the 

courthouse  door,  and  no  two  of  which  shall  be  in  the  same  city  or 
town,  copies  of  the  following  citation: 

The  State  of  Texas,  to  all  persons  interested  in  the  Estate  of , 

Deceased. 

Know  ye  that having  filed  in  the  County  Court  of 

County,  an  application  for  letters  of  administration  upon  the  estate  of 
,  deceased; 

Now,  therefore,  these  are  to  notify  you,  and  each  of  you,  who  are 
interested  in  said  estate,  to  be  and  personally  appear  at  the  next  regu- 
lar term  of  the  honorable  county  court,  to  be  holden  at  the  courthouse 

of  said  county,  in on  the.  . .  .Monday  in ,  A.  D.  19.  ., 

same  being  the.  . .  .day  of ,  A.  D.  19.  .,  then  and  there  to  contest 

said  application  should  you  desire  to  do  so. 

Herein  fail  not,  but  of  this  writ  make  due  return  showing  how  you 
have  executed  the  same. 

Witness  my  hand  and  official  seal  this. .  .  .day  of ,  A.  D.  19.  . 

(Seal.)  

County  Court, County,  Texas 

By ,  Deputy. 

R.  S.  Art,   1889   (1836). 

Shall  be  served  by  posting  for  at  least  ten  days,  exclusive  of  the  day 
of  posting,  before  the  first  day  of  the  term  of  the  court  to  which  such 
citation  is  returnable. 

R.  S.  Art.   1890   (1837). 


No.  29. 

FORM   OF   ORDER   GRANTING   ADMINISTRATION. 

Estate  of ,  Deceased,  County  of In  County 

Court  of ,  Texas,  Sitting  for  Probate  Busi- 
ness,     Term,  A.  D.   19.  . 

On  this  the.  .  .  .day  of ,  A.  D.  19.  .,  came  on  to  be  heard  the 

application  of ,  for  letters  of  administration  upon  the  es- 
tate of ,  deceased  (or,  letters  testamentary;  or,  letters  of 


20  TEXAS  CIVIL  FORM  BOOK. 

administration  with  the  will  annexed),  and  it  appearing  to  the  court  that 

the  said is  dead ;  that  four  years  have  not  elapsed  since  his 

decease  prior  to  the  date  of  filing  said  application;  that  this  court  has 
jurisdiction  of  said  estate;  that  there  is  a  necessity  for  administration 

upon  said  estate,  and  that  the  said is  entitled  to  letters  by 

law  and  is  not  disqualified,  therefore  it  is  ordered  by  the  court  that  ad- 
ministration be  granted  upon  the  estate  of  the  said ,  de- 
ceased, and  that  the  said receive  letters  of  administration 

thereon  (or,  letters  testamentary,  or,  letters  of  administration  with  the 
will  annexed),  upon  his  taking  the  oath  required  by  law  and  giving  bond 

in  the  sum  of dollars;  and  when  the  said shall  have 

qualified  according  to  law  the  clerk  of  this  court  will  issue  letters  in  ac- 
cordance with  this  order. 
R.  S.  Art.   1928   (1875). 

Bond  should  be  filed  within  twenty  days  after  appointment. 
R.  S.  Art.  1944   (1891). 


No.  30. 

BOND  AND  OATH  OF  ADMINISTRATOR. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents :    That  we, as  principal, 

and as  sureties,  are  held  and  firmly  bound  unto  the  county 

judge  of  the  county  of and  his  successors  in  office,  in  the  sum  of 

dollars,  conditioned  that  the  above  bound who  has 

been  appointed  by  the  county  judge  of County,  administrator 

of  the  estate  of ,  deceased,  shall  well  and  truly  perform  all 

the  duties  required  of  him  under  said  appointment. 


The  above  bond  approved  the.  . .  .day  of ,  A.  D.  19.  . 


County  Judge  of County,  Texas. 

OATH. 

I  do  solemnly  swear,  that ,  deceased,  died  without  leav- 
ing any  lawful  will,  so  far  as  I  know  or  believe,  and  that  I  will  well  and 
truly  perform  all  the  duties  of  administrator  of  the  estate  of  said 
,  deceased. 


Sworn  to  and  subscribed  before  me,  the.  .  .  .day  of ,  19, 


;  R.  S.  Arts.  1939-1942   (1886-1889). 
Art.  1942  (1895),  amended  by  25th  Leg.,  Sec.  1,  Art.  1942,  p.  58. 


TEXAS  CIVIL  FORM  BOOK.  21 

No.  31. 
LETTERS  OF  ADMINISTRATION. 

The  State  of  Texas,  County  of 

I, ,  clerk  of  the  County  Court  of County,  Texas, 

do  hereby  certify  that  on  the  ....  day  of ,  A.  D.  19 . ., 

was    duly    appointed   by   said   court   administrator   of   the    estate   of 

,  deceased,  and  that  he  qualified  as  such  on  the  ....  day 

of ,  A.  D.  19. .,  as  the  law  requires. 

These  are,  therefore,  given  to  prove  his  capacity  to  act  as  such. 

Witness  my  hand  and  the  seal  of  the  County  Court  of County, 

at Texas,  this ....  day  of ,  A.  D.  19 .  . 

(Seal.)  

Clerk  County  Court, County,  Texas. 

By ,  Deputy. 

R.  S.  Art.   1959   (1906). 


No.  32. 

FORM  OF  ORDER  APPOINTING  APPRAISERS. 

Estate  of ,  Deceased.    In  County  Court  of County, 

Texas,  Sitting  for  Probate  Business, Term,  A.  D.  19. . 

It  appearing  to  the  court,  that ,  and 

are  citizens  of County,  Texas,  and  disinterested 

persons  in  the  estate  of ,  deceased,  whereon  letters  of  ad- 
ministration have  been  granted  to ,  at  this  term  of  the 

court. 

It  is  therefore  ordered  by  the  court,  that  the  said , 

and ,  or  any  two  of  them,  be  and  are  hereby 

appointed  to  appraise  the  estate,  both  real  and  personal,  of , 

deceased. 


County  Judge, County,  Texas. 

R.  S.  Art.  1963   (1910). 


22  TEXAS  CIVIL  FORM  BOOK. 

No.  33. 

FORM   OF  ORDER  APPROVING  INVENTORY.  APPRAISEMENT   AND   LIST 

OF  CLAIMS. 

Estate  of .  . .,  Deceased.    In  County  Court  of County, 

Texas,  Sitting  for  Probate  Business, Term,  A.  D.  19.  . 

This,  the  ....  day  of ,  19. .,  came  on  to  be  considered  tlio 

report  of  the  inventory,  appraisement  and  list  of  claims  of  the  estate 

of ,    deceased,    made    by ,    and 

,  who  have  heretofore  been  appointed  by  the  court  to  ap- 
praise said  estate,  and  the  court  having  examined  the  same,  it  is  ordered 
by  the  court  that  said  report  be  and  it  is  hereby  in  all  respects  approved. 


County  Judge  of County,  Texa.*. 

R.  S.  Art.  1971   (1918). 

Should  the  inventory,  appraisement  and  list,  or  either  of  them,  be  dis- 
approved, an  order  to  that  effect  shall  be  entered  upon  the  minutes, 
either  in  term  time  or  in  vacation,  and  such  order  shall  further  require 
the  administrator  to  return  another  inventory,  appraisement  and  list. 
or  either  of  them,  within  a  time  which  shall  be  specified  in  such  order, 
not  to  exceed  ten  days  from  the  date  of  such  order;  and  the  judge  may 
also,  if  he  deems  it  necessary,  appoint  new  appraisers. 

R.  S.  Art.  1972  (1919). 


No.  34. 
WARRANT  OF  APPRAISEMENT. 

The  State  of  Texas,  County  of 

To of  said  County:  These  are  to  authorize  and  require 

you,  or  any  two  of  you,  to  attend  and  appraise  the  estate,  both  real  and 

personal,  of ,  late  of  said  county,  deceased,  in  dollars  and 

in  cents,  as  far  as  the  same  shall  be  produced  to  you  by , 

administrator  thereof,  and  when  so  made,  to  subscribe  and  swear  to  same 
before  some  officer  of  said  county  authorized  to  administer  oaths,  and 
make  due  return  as  the  law  directs. 

Witness  my  hand  and  seal  of  office,  at this.  . .  .day  of , 

19.. 


Clerk  County  Court, County. 

By ,  Deputv. 

R.  S.  Art.  1963   (1910). 


TEXAS  CIVIL  FORM  BOOK.  23 

No.  35. 
REPORT    OF   APPRAISERS. 

No ,   Estate   of ,   Deceased.     In   County   Court,   of 

County,  Texas. 

Inventory  and  appraisement  of  the  estate  of ,  deceased, 

produced  before  the  undersigned  appraisers,  on  the ....  day  of , 

A.  D.  19.  .,  by ,  administrator  of  the  estate  of  the  said 

,  deceased. 

SEPARATE  PROPERTY  OF  SAJD ,  DECEASED. 

1000  acres  of  land  situated  in County,  Texas,  part  of 

league,  valued  at $: 


COMMUNITY  PROPERTY. 


100  acres  of  land  situated  in County,  part  of 

league,  $ 50  head  of  cattle  valued  at  $20.00  each.  .$1000.00 

We,  the  undersigned  appraisers,  solemnly  swear  that  the  foregoing  is 

a  full  and  fair  appraisement  of  the  estate  of ,  deceased, 

produced  before  us  by ,  administrator. 


Appraisers. 

Sworn  to  and  subscribed  before  me,  this  the  ....  day  of ,  A.  D. 

19.. 

(Seal.)  

LIST    OF    CLAIMS  —  COMMUNITY    PROPERTY. 

Note  of ,  dated ,  and  due with  interest  at  8  per 

cent  from  date,  $ 

I, ,  do  solemnly  swear  that  the  foregoing  inventory  and 

list  is  a  full  and  complete  inventory  and  list  of  the  property  and  claims 
of ,  deceased,  that  have  come  to  my  knowledge. 


Sworn  to  and  subscribed  before  me,  this  the  ....  day  of ,  A.  D. 

19.. 

(Seal.)  

R.  S.  Arts.  1965-1968  (1912-1915). 

Inventory,   appraisement  and  list  should  be  returned  to  the  court 
within  sixty  days  from  the  date  of  granting  such  letters. 
R.  S.  Art*  1969  (1916). 


24  TEXAS  CIVIL,  FORM  BOOK. 

No.  36. 
NOTICE  TO   DEBTORS   AND   CREDITORS. 

The  State  of  Texas,  County  of To  those  indebted  to,  or  hold- 
ing claims  against  the  Estate  of ,  Deceased. 

The  undersigned  having  been  duly  appointed  administrator  of  the 

estate  of ,  deceased,  late  of County,  Texas,  by 

,  judge  of  the  county  court  of  said  county  on  the  ....  day 

of ,  19.  .,  during  a  regular  term  thereof,  hereby  notifies  all  persons 

indebted  to  said  estate  to  come  forward  and  make  settlement,  and  those 
having  claims  against  said  estate  to  present  them  to  him  at  his  residence 

, County,  Texas,  where  he  receives  his  mail,  this  .... 

day  of ,  A.  D.  19.. 


Administrator  of  the  estate  of ,  deceased. 

R.  S.  Art.  2063  (2010). 


No.  37. 
RETURN  NOTICE  BY  AFFIDAVIT  OF  PUBLISHER. 

The  State  of  Texas,  County  of 

Before  me  in  person  came ,  the  publisher  of , 

a  newspaper  published  in County,  Texas,  who  being  by  me  duly 

sworn  says,  that  he  published  in  said  newspaper  once  a  week  for  four 
successive  weeks,  the  foregoing  attached  notice  of  administration,  made 

by ,  administrator  of  the  estate  of ,  deceased, 

the  first  insertion  whereof  was  on  the  ....  day  of ,  A.  D.  19. . 


Sworn  to  and  subscribed  before  me,  this  the  ....  day  of  .  . .  .,  A.  D. 
19.. 
(Seal.)  

Notary  Public, County,  Texas. 

R.  S.  Art.  2064   (2011). 

Said  notice  and  affidavit  of  the  publisher  should  be  filed  and  recorded 
in  the  court  from  which  the  letters  were  issued. 


TEXAS  CIVIL  FORM  BOOK.  25 

No.  38. 

FORM  OF  AFFIDAVIT  TO  CLAIM. 

The  State  of  Texas,  County  of 

Before  me,  the  undersigned  authority,  on  this  day  personally  appeared 

,  who  being  by  me  duly  sworn,  says  that  the  attached 

claim  hereto  in  favor  of against ,  deceased,  is 

just,  and  that  all  legal  offsets,  payments  and  credits  known  to  affiant 
have  been  allowed;  and  that  he  is  the  owner  of  said  claim  (or,  if  made 
by  any  one  other  than  the  owner,  the  last  clause  should  be,  and  that  he 
is  cognizant  of  the  facts  above  stated). 


Subscribed  and  sworn  to  under  my  official  hand  and  seal,  this  .... 

day  of ,  A.  D.  19.. 

(Seal.)  

Notary  Public  in  and  for County,  Texas. 

(Or,  other  officer  as  the  case  may  be.) 
R.  S.  Art.  2072  (2018). 

Every  claim  should  be  presented  within  twelve  months  after  granting 
letters  of  administration,  or  the  payment  thereof  shall  be  postponed 
until  the  claims  which  have  been  presented  within  said  twelve  months 
and  allowed  by  the  administrator  and  approved  by  the  county  judge  have 
been  first  entirely  paid. 
R.  S.  Art.  2068  (2015). 


No.  39. 
ALLOWANCE  OF  CLAIM. 

The  State  of  Texas,  County  of 

I, ,  administrator  of  the  estate  of ,  deceased, 

finding,  upon  an  examination  of  the  within  claim  (or,  of  the  foregoing 
claim  annexed  hereto,  as  the  case  may  be,  describing  same)  presented 

to  me  on  the  ....  day  of ,  A.  D.  19 . .,  by ,  as  a  claim 

against  said  estate,  that  it  is  duly  authenticated,  and  believing  from  the 
facts  relating  thereto,  that  it  is  just  and  owing,  do  hereby  allow  the  same, 

as  a  valid  claim  for  the  full  amount  thereof,  this  ....  day  of , 

A.  D.  19.. 


Administrator. 
R.  S.  Art.  2076  (2022). 

When  a  claim  for  money  against  the  estate  has  been  rejected  by  the 
administrator  suit  should  be  brought  within  ninety  days  thereafter  to 
establish  same. 

R.  S.  Art.  2082  (2028). 


26  TEXAS  CIVIL  FORM  BOOK. 

No.  40. 

APPROVAL  OF  CLAIM. 

The  State  of  Texas,  County  of 

l}   }  judge  of  the  county  court  of  said  county,  finding, 

upon  the  examination  of  the  foregoing  claim  (here  describe  the  claim, 
giving  amount,  date,  etc.),  that  it  has  been  duly  authenticated,  as  re- 
quired by  law  and  allowed  by ,  the  administrator  of  said 

estate,  as  a  valid  claim  against  the  estate  of  . ,  deceased,  in 

favor  of ,  and  perceiving  no  error  therein,  do  hereby  ap- 
prove the  allowance,  made  as  aforesaid,  classing  said  claim  as  number 
,  this  the day  of ,  A.  D.  19.  . 


Judge  of  County  Court, County,  Texas. 

R.  S.  Art.  2079    (2025). 

All  claims  approved  by  the  administrator  and  entered  upon  the  claim 
docket  for  a  period  of  ten  days  may  be  acted  upon  by  the  court  at  a  reg- 
ular term  of  the  court.  The  action  of  the  court  approving  or  disap- 
proving a  claim  shall  have  the  force  and  effect  of  a  final  judgment  and 
may  be  appealed  therefrom  to  the  district  court  as  from  other  judg- 
ments in  probate  matters. 

R.  S.  Art.  2085  (2031). 


No.  41. 
PETITION  AGAINST  ADMINISTRATOR  FOR  ESTABLISHMENT  OF  CLAIM. 

The  State  of  Texas,  County  of In  County  Court  of 

County,  Texas,   Term,  A.  D.  19.  . 

Honorable ,  County  Judge  of  said  County: 

.Now   comes ,   who   resides   in County,   Texas, 

hereinafter  styled  plaintiff,  complaining  of ,  as  adminis- 
trator of  the  estate  of ,  deceased,  who  also  resides  in  said 

count}'  and  State,  hereinafter  called  defendant;  and  for  cause  of  action 
plaintiff  represents  to  the  court  that  defendant  is  the  duly  qualified  and 

acting  administrator  of  the  estate  of ,  deceased;  that  the 

said ,  deceased,  departed  this  life  in County,  Texas, 

on  or  about  the  ....  day  of ,  A.  D.  19 .  .,  and  defendant  made  ap- 
plication to  the  county  court  of county,  Texas,  for  letters  of  ad- 
ministration of  said  estate  and  duly  qualified  as  such  at  the term, 

19.  .,  of  said  court  by  filing  his  oath  and  bond  as  required  by  law,  which 
was  duly  approved  by  said  court;  that  said  administration  is  now  pending 

in  said  court  and  undisposed  of;  that  the  said ,  deceased, 

at  the  time  of  his  death  was  justly  indebted  and  due  plaintiff  the  sum 

of dollars,  principal  due  on  promissory  note  for  the   sum  of  ..... 

dollars,  dated  the  ....  day  of ,  A.  D.  19 .  .,  due  on  the  ....  day  of 


TEXAS  CIVIL  FORM  BOOK.  27 

,  A.  D.  19.  .,  executed  by  the  said and  payable  to 

the  order  of  this  plaintiff ,  at ,  Texas,  with  interest 

thereon  at  the  rate  of  ....  per  cent  per  annum  from  date  until  paid  and. 
ten  per  cent  as  attorney's  fees,  all  now  aggregating  not  less  than  the 
sum  of  ....  dollars,  principal,  interest  and  attorney's  fees,  now  past 
due  and  unpaid. 

That  said  estate  of ,  deceased,  is  now  justly  due  and  in- 
debted to  plaintiff  said  sum  of dollars  principal  due  on  said  note 

together  with  ....  per  cent  interest  per  annum  from  date  thereof  until 
paid  and  ten  per  cent  additional  on  both  the  amount  of  principal  and 
interest  due  thereon  as  attorney's  fees,  as  shown  by  said  claim  or  state- 
ment hereto  attached  marked  Exhibit  "A"  and  made  a  part  hereof,  to 
which  reference  is  hereby  made. 

Plaintiff  says  that  on  or  about  the  ....  day  of ,  A.  D.  19.  .,  said 

claim  against  the  said  estate  of ,  deceased,  duly  verified  as 

required  by  law,  heretofore  referred  to  as  Exhibit  "A,"  was  duly  pre- 
sented to  defendant ,  administrator  of  said  estate,  for  his 

allowance  or  rejection,  and  on  the  ....  day  of ,  A.  D.  19 .  .,  was  re- 
turned to  plaintiff  not  allowed,  with  the  following  indorsement  thereon, 
to  wit:  (here  give  the  indorsement  made  by  the  administrator  thereon) 
to  which  reference  is  hereby  made,  and  made  a  part  hereof.  Wherefore 
plaintiff  says  and  so  represents  to  the  court,  that  said  claim  was  rejected 
and  not  allowed  by  defendant  as  the  administrator  of  said  estate,  and 
plaintiff  brings  this  suit  to  establish  his  said  claim  against  said  estate  of 

,  deceased,  for  the  full  amount  thereof,  principal,  interest 

and  attorney's  fees  as  shown  by  said  claim;  that  said  note  at  the  time  of 

the  death  of  the  said ,  deceased,  was  past  due  and  unpaid 

and  was  placed  in  the  hands  of ,  a  practicing  attorney  of 

County,  for  collection,  and  is  still  in  his  hands  for  collection. 

Wherefore  plaintiff  prays  the  court  that  the  said ,  as  the 

administrator  of  the  estate  of ,  deceased,  be  cited  to  appear 

and  answer  this  petition  and  for  judgment  herein  against  the  defendant 

as  the  administrator  of  said  estate  of ,  deceased,  establishing 

his  claim  against  said  estate  for  the  sum  of  ....  dollars,  principal,  in- 
terest and  attorney's  fees,  for  costs  of  suit  and  for  such  other  and  further 
orders  that  may  be  necessary  and  relief  special  and  general  in  law  and 
in  equity,  that  plaintiff  may- be  justly  entitled  to,  etc. 


Attorney  for  plaintiff 

R.  S.  Art.  2082  (2028). 

Suit  shall  be  brought  by  the  owner  for  the  establishment  of  his  claim, 
within  ninety  days  after  the  same  has  been  rejected  by  the  executor  or 
administrator,  and  not  thereafter. 

Suits  against  executors,  administrators  and  guardians  as  such,  must 
be  brought  in  the  county  in  which  such  administration  or  guardianship 
is  pending,  and  in  the  precinct  in  which  the  county  seat  i?  situated. 

R.  S.  Art.  (2)   1585  (1556). 


28  TEXAS  CIVIL  FORM  BOOK. 

No.  42. 
ORDER  ESTABLISHING  CLAIM. 

vs ,  Administrator  of   ,  Deceased. 

No In Court  of County,  Texas,  .... 

Term,  A.  D.  19 .. 

On  this  the  ....  day  of ,  A.  D.  19 . .,  at  a  regular  term  of  this 

court  came  on  to  be  heard  the  above  entitled  and  numbered  cause,  the 
plaintiff  and  defendant  appeared  in  person  and  by  their  attorneys  and 
announced  ready  for  trial,  a  jury  being  waived,  the  matter  in  contro- 
versy, as  well  of  fact  as  of  law,  was  submitted  to  the  court;  the  evidence 
and  argument  of  counsel  having  been  heard  and  fully  understood,  and 
it  fully  appearing  to  the  court  that  this  is  a  suit  brought  by  plaintiff 

against  defendant  as  the  administrator  of  the  estate  of , 

deceased,  to  establish  his  claim  against  said  estate  for  the  sum  of  .... 

dollars,  due  upon  a  promissory  note  for  the  sum  of dollars,  with 

....  per  cent  interest  thereon  from  date  thereof,  dated  on  the  ....  day 

of ,  A.  D.  19.  .,  and  due  on  the  ....  day  of ,  A.  D.  19.  ., 

and  providing  for  ....  per  cent  thereon  as  attorney's  fees,  the  court  is  of 
the  opinion  and  finds  that  plaintiff  is  entitled  to  judgment  for  the  estab- 
lishment of  his  claim  against  said  estate  of ,  deceased,  for 

the  amount  of  his  said  claim: 

It  is  therefore  considered,  ordered  and  adjudged  and  decreed  by  the 

court  that  plaintiff do  have  and  recover  judgment  against 

the  said ,  as  the  administrator  of  the  estate  of , 

deceased,  for  the  sum  of dollars,  principal,  with  ....  per  cent  in- 
terest per  annum  thereon  from  the  ....  day  of ,  A.  D.  19.  .,  until 

paid,  together  with  ten  per  cent  additional  on  the  amount  due  thereon 

as  attorney's  fees,  all  aggregating  to  date dollars,  together  with 

all  costs  by  plaintiff  in  this  behalf  incurred,  for  the  establishment  of  said 

claim  for  said  amount  against  said  estate  of ,  deceased,  and 

that  a  copy  of  this  decree  be  certified  to  the  probate  court  of 

County,  Texas,  where  the  administration  of  said  estate  is  pending  for 
observance,  and  there  be  classified  and  paid  in  due  course  of  adminis- 
tration according  to  its  classification. 

R.  S.  Art.  2083  (2029). 

No  execution  shall  be  issued  on  said  judgment,  but  a  certified  copy  of 
such  judgment  shall  be  filed  with  the  clerk  of  the  county  court  where 
the  estate  is  pending  within  thirty  days  after  the  rendition  of  such 
judgment,  and  entered  upon  the  claim  docket,  and  shall  be  classified  by 
the  county  judge,  and  have  the  same  force  and  effect  as  if  the  amount 
thereof  had  been  allowed'  by  the  executor  or  administrator,  and  ap- 
proved by  the  county  judge. 


TEXAS  CIVIL  FORM  BOOK.  29 

No.  43. 

APPLICATION  FOR  ORDER  SETTING  APART  PERSONAL  PROPERTY  FOR 
THE  USE  OF  FAMILY  AND  FOR  FAMILY  ALLOWANCE. 

Esiale  of ,  Deceased.    In  County  Court, Term, 

A.  D.  19.. 

To  the  Honorable ,  Judge  of  the  County  Court  of 

County,  Texas: 

This,  the  application  of ,  administrator  of  the  estate  of 

,  deceased,  respectfully  shows: 

That  on  the  ....  day  of ,  A.  D.  19. .,  an  inventory  and  ap- 
praisement of  said  estate  were  duly  returned  to  said  County  Court; 

That  as  appears  by  said  inventory  and  appraisement,  said  estate  has 
been  appraised  at  the  sum  of  ......  dollars ; 

That  the  debts  of  said  estate  will  probably  amount  to  the  sum  of 
......  dollars;  and  that  said  estate  is  ....  solvent; 

That  your  applicant  is  advised  and  believes  that  the  following  per- 
sonal property  belonging  to  said  estate,  and  mentioned  in  said  inventory 
and  appraisement,  is  by  law  exempt  from  execution,  to  wit:  (here  de- 
scribe ILe  property). 

Thai  the  amount  of  said  personal  property  which  is  by  law  exempt 
from  execution  is  insufficient  for  the  support  of  the  widow  and  family 
of  said  deceased;  and  that  an  allowance  out  of  the  said  estate  is  necessary 

for  the  maintenance  of  the  said  family ;  and  that  the  sum  of 

dollars  is  a  reasonable  allowance  for  one  year  according  to  the  circum- 
stances of  said  family. 

Wherefore  your  applicant  prays  that  all  of  the  above  described  personal 
property  may  be  set  apart  for  the  use  of  the  said  family;  and  that  an 
allowance  of  ......  dollars  out  of  said  estate  be  made  for  the  mainte- 
nance of  said  family  for  one  year  during  the  progress  of  the  settlement  of 
said  estate,  and  that  all  further  and  necessary  orders  be  made  in  the 
premises. 


day  of ,  A.  D.  19.. 

R.  S.  Arts.  2037-2046  (1984-1993). 


No.  44. 
APPLICATION  FOR  SALE  OF  PERSONAL  PROPERTY. 

Estate  of ,  Deceased.    In  County  Court  of County, 

Texas, Term,  A.  D.  19.. 

To  the  Hon ,  Judge  of  said  County  Court: 

Now  comes  your  petitioner, ,  administrator  of  the  estate 

of ,  deceased,  and  respectfully  shows  to  the  court,  that  it 


30  TEXAS  CIVIL  FORM  BOOK. 

will  be  to  the  interest  of  said  estate  to  sell  certain  personal  property 
belonging  to  said  estate,  to  wit:  (here  describe  the  property);  that 
said  property  is  not  exempt  from  forced  sale  and  is  not  necessary  to 
carry  on  a  plantation  or  any  other  business,  belonging  to  said  estate  and 
is  liable  to  perish,  waste  or  deteriorate  in  value,  and  that  it  will  be  an 
expense  and  a  disadvantage  to  said  estate  to  keep  the  same  on  hand. 
Wherefore  your  petitioner  asks  for  an  order  of  the  court  to  sell  said 

property  at ,  in  said  county  and  State,  at  public  auction  on  ;. 

credit  of  six  months  (or,  at  private  sale  for  cash,  as  the  case  may  be), 
and  will  ever  pray,  etc. 


Administrator. 
R.  S.  Arts.  2117-2119    (2063-2065). 


No.  45. 
NOTICE  OF  ADMINISTRATOR'S  SALE. 

Estate  of  ,  Deceased,   ,  Administrator.     In 

County  Court  of  .....*...  County. 

Xotice  is  hereby  given  that  I,  administrator  of  the  estate  of , 

deceased,  by  virtue  of  an  order  of  the  County  Court  of  

County,  Texas,  will,  on  the  ....  day  of ,  A.  D.  19 . .,  at 

in  the  county  of   ,  State  of  Texas,  sell  at  public  auction, 

certain  personal  property  belonging  to  the  estate  of ,  de- 
ceased, as  follows,  to  wit :  (here  describe  the  property).  The  terms  on 
which  I  will  sell  said  above  described  personal  property  are  as  follows, 
to  wit:  on  a  credit  for  six  months  (or,  for  cash,  as  the  case  may  be). 
The  purchasers  will  be  required  to  give  notes  for  the  amount  of  such 
purchase,  with  good  and  solvent  personal  security  before  the  delivery  of 
property  to  them. 

Witness  my  hand  this  the  ....  day  of ,  A.  D.  19.  . 


Administrator  of  the  estate  of ,  deceased. 

R.  S.  Art.  2116  (2062). 

All  sales  of  personal  property  at  public  auction  shall  be  governed  by 
the  rules  governing  sales  of  personal  property  under  execution,  unless 
herein  otherwise  provided. 

R.  S.  Art.  2115   (2061). 


TEXAS  CIVIL  FORM  BOOK.  31 

No.  46. 

FORM  OF  ORDER  TO  SELL  PERSONAL  PROPERTY. 
Estate  of   ,  Deceased.     In  County  Court  of 


County,  Texas,  Term  (or,  in  Vacation)  A.  D.  19.  . 

On  this  the day  of ,  A.  D.  19 . .,  came  on  to  be  heard,  in 

the  administration  of  the  above  estate,  the  application  of , 

administrator  of  the  estate  of ,  deceased,  filed  in  this  court 

on  the  ....  day  of ,  A.  D.  19 . .,  to  sell,  at in  said 

county  and  State,  certain  personal  property  belonging  to  said  estate, 
to  wit:  (here  describe  said  property);  and  it  appearing  to  the  court 
that  it  would  be  to  the  interest  of  said  estate  to  sell  said  property,  and 
that  same  is  liable  to  perish  or  waste:  It  is  therefore  ordered  by  the 
court  that  the  above  described  property  be  sold  by ,  admin- 
istrator of  said  estate,  on  the  ....  day  of ,  A.  D.  19 . .,  at , 

in  said  county  and  State,  at  public  auction,  on  a  credit  of  six  months  (or, 
at  private  sale,  as  the  case  may  be) ;  and  it  is  further  ordered,  that  said 
sale  shall  be  made  according  to  the  full  requirements  of  the  law,  notes 
with  approved  security  taken,  and  make  due  return  of  sale  to  this  court 
as  the  law  directs. 

R.  S.  Arts.  2117-2119  (2063-2119). 


No.  47. 
FORM  OF  APPLICATION  FOR  SALE  OF  REAL  ESTATE. 

Estate  of ,  Deceased.  In  County  Court  of County. 

Texas, Term,  A.  D.  19 . .     This day  of ,  A.  D.19 . . 

To  the  Hon ,  Judge  of  said  County  Court: 

Now  comes  your  petitioner ,  administrator  of  the  estate 

of ,  deceased,  and  respectfully  shows  to  the  court  that  it  is 

necessary  to  sell  a  part  of  the  real  estate  belonging  to  said  estate  to  pay 
the  legal  charges  and  claims  against  the  said  estate,  and  he  thinks  the 
tract  of  land  hereinafter  mentioned  will  be  sufficient  for  that  purpose. 
Your  petitioner  files  with  this  application  an  exhibit  in  writing,  verified 
by  the  affidavit  of  your  petitioner,  showing  fully  and  particularly  the 
charges  and  claims  against  said  estate  that  have  been  approved  or  estab- 
lished by  suit,  or  that  have  been  rejected  and  may  yet  be  established,  and 
the  amount  due,  or  claimed  to  be  due  on  each,  and  the  estimated  expenses 
of  administration,  and  the  property  of  said  estate  remaining  on  hand 
liable  for  the  payment  of  such  charges  and  claims  as  required  by  law. 
Wherefore  your  petitioner  prays  that  citation  be  issued  and  served  as 
required  by  law,  and  upon  a  hearing  hereof  that  an  order  be  issued  by 


32  TEXAS  CIVIL  FORM  BOOK. 

the  court  authorizing  petitioner  to  sell  the  following  described  tract  or 
parcel  of  land  belonging  to  said  estate,  to  wit :  (here  describe  the  land), 
for  the  purpose  above  stated. 


Administrator  of  the  estate  of ,  deceased. 

R.  S.  Art.  2123   (2069). 

Citation  shall  be  issued  by  the  clerk  to  all  persons  interested  in  the 
estate,  and  shall  be  posted  in  the  manner  required  for  other  citations, 
for  at  least  thirty  days  before  the  first  day  of  the  term  at  which  such  ap- 
plication is  to  be  heard,  etc. 

R.  S.  Art.  2125    (2071). 


No.  48. 

FORM  OF  EXHIBIT  AND  OATH  ACCOMPANYING  APPLICATION  FOR  SALE 

OF  REAL  ESTATE. 

Estate  of ,  Deceased.    In  County  Court  of County, 

Texas, Term,  A.  D.  19. . 

Statement  of  the  charges  and  claims  against  the  estate  of , 

deceased,  in  the  above  entitled  cause,  heretofore  allowed  and  rejected 
with  the  expenses  of  administration  and  of  the  property  belonging  to 
said  estate  liable  for  the  payment  of  the  debts  thereof. 

CLAIMS  ALLOWED. 

One  promissory  note  for  the  sum  of  $ ,  in  favor  of 

,  bearing  date  ....  day  of ,  A.  D.  19 .  ., 

due day  of ,  A.  D.  19 $ 

Account  for  $ ,  in  favor  of ,  bearing  date 

....  day  of ,  A.  D.  19 .  .,  due  ....  day  of 

A.  D.  19 ..  Principal  and  interest *  $ 


CLAIMS  REJECTED. 

One  promissory  note  for  the  sum  of  $ ,  in  favor  of 

,  dated  .  . .  .day  of ,  A.  D.  19. .,  due 

....  day  of ,  A.  D.  19.  .  Principal  and  interest.  ...  $ 

Estimated  expenses  of  administration $ 

Suit  brought  on  the  above  rejected  claim  in  ...  .Court  of 

County,  Texas,  for  the  amount  of  same  with  principal  and  interest,  for 

the  establishment  of  same  and  now  pending  in  said  court. 

Property  of  said  estate  remaining  on  hand  liable  for  the  payment  of 

such  charges  and  claims: 

100  acres  of  land,  situated  in County,  Texas,  a  part  of  the 

survey,  etc. 


TEXAS  CIVIL  FORM  BOOK.  33 

The  State  of  Texas,  County  of 

Before  me,  the  undersigned  authority,  on  this  day  personally  appeared 

,  administrator  of  the  estate  of  ,  deceased, 

late  of  said  county,  who  being  by  me  duly  sworn  says  that  the  above  and 
foregoing  is  a  full,  true  and  correct  statement  of  the  property  of  said 
estate  remaining  on  hand  liable  for  the  payment  of  such  charges  and 
claims  against  said  estate,  that  have  been  approved  or  established  by 
suit,  or  that  have  been  rejected  and  may  yet  be  established,  and  the 
amount  due,  or  claimed  to  be  due  on  each,  with  the  estimated  expenses 
of  administration  as  therein  stated. 


Administrator. 

Sworn  to  and  subscribed  before  me,  this  the  ....  day  of ,  A.  D. 

19.. 


<Seal.) 

R.  S.  Art.  2123  (2069). 


No.  49. 
NOTICE  OF  APPLICATION  FOR  SALE  OF  REAL  ESTATE. 

The  State  of  Texas,  to  the  Sheriff  or  any  Constable  of County 

—  Greeting : 

You  are  hereby  commanded  to  cause  to  be  posted  for  twenty  days  in 
three  of  the  most  public  places  in  your  county,  one  of  which  shall  be  at 
the  courthouse  door,  and  no  two  in  the  same  city,  town  or  village,  copies 
of  the  following  notice : 

The  State  of  Texas,  to  all  persons  interested  in  the  estate  of , 

deceased. 

Know,  ye,  that administrator  of  the  estate  of 

having  on  the  ....  day  of ,  A.  D.  19.  .,  filed  in  the  County  Court 

of County,  Texas,  application  to  sell  the  following 

described  land  belonging  to  said  estate 

Xow  therefore  these  are  to  notify  all  persons  interested  in  said  estate, 
to  be  and  personally  appear  at  the  next  regular  term  of  the  honorable 

County  Court,  to  be  holden  at  the  courthouse  in  the  city  of , 

on  the  first  Monday  in ,  A.  D.  19 .  . ,  same  being  the  ....  day  of 

said  month,  and  then  and  there  to  show  cause  why  such  sale  should  not 
be  made,  should  they  choose  to  do  so. 

Given  under  my  hand  and  seal  of  office  this  ....  dav  of A.  D. 

19.. 


Clerk  County  Court, County,  Texas. 

By ,  Deputy. 

Form  Book — 3. 


34  TEXAS  CIVIL  FOBM  BOOK. 

I  hereby  certify,  that  the  above  and  foregoing  is  a  true  and  correct 
copy  of  the  original  citation  now  in  my  hands. 

................  ,  Sheriff. 

By  ............  ,  Deputy. 

R.  S.  Art.  2124   (2070). 


No.  50. 
FORM  OF  ORDER  OF  SALE. 

Estate  of   ............  ,  Deceased,   ............  ,  Administrator.     In 

County  Court  of  .......  County,  Texas  .......  Term,  A.  D.  19  .  . 

On  this  the  ....  day  of  ......  A.  D.  19.  .,  came  on  to  be  heard,  in 

the  administration  of  the  above  estate,  the  application  of  ......  .  .....  , 

administrator  of  said  estate,  filed  in  this  court  on  the  ....  day  of  ......  , 

A.  D.  19.  .,  to  sell  the  following  described  tract  or  parcel  of  land  be- 
longing to  said  estate,  to  wit:    (here  describe  the  land),  which  said  ap- 
plication is  accompanied  by  an  exhibit  in  writing  verified  by  the  affidavit 
of  said  administrator  showing  fully  the  condition  of  said  estate  as  re- 
quired by  law;  and  it  appearing  to  the  court  that  citation  has  been  duly 
served  as  the  law  requires,  and  the  court  having  heard  evidence  in  favor 
of  and  against  the  same,  and  having  duly  considered  said  evidence,  is 
satisfied  that  a  necessity  exists  for  such  sale:     It  is  therefore  ordered 
by  the  court  that  the  above  described  tract  or  parcel  of  land  be  sold  by 
............  ,  administrator  of  said  estate,   at  public  auction  to  the 

highest  bidder  on  a  credit  of  twelve  months  on  the  ....  day  of  ......  , 

A.  D.  19  .  .,  at  ........  ,  in  the  county  of  ........  ,  and  State  of  Texas, 

(or,  for  cash  at  private  sale),  and  that  he  make  a  report  thereof  to  this 
court  within  thirty  days  after  sale  has  been  made. 


County  Judge  of County,  Texas. 

R.  S.  Art.  2126  (2072). 

Note. — When  sold  at  public  auction  twenty  days'  notice  of  sale  must 
be  given.    Private  sales,  or  sales  for  cash, 
R.  S.  Arts.  2128-2129   (2074-2075). 


No.  51. 

FORM  OF  NOTICE  OF  SALE. 

Estate  of   ,  Deceased,   ,  Administrator.     In 

County  Court  of County,  Texas Term,  A.  D.  19 .. 

Notice  is  hereby  given  that  I,  administrator  of  the  estate  of 

deceased,  will,  on  the day  of ,  A.  D.  19. .,  being  the  first 


TEXAS  CIVIL  FORM  BOOK.  35 

Tuesday  of  said  month,  at in  the  county  of ,  State  of 

Texas,  sell  at  public  auction  to  the  highest  bidder  the  following  described 
tract  or  parcel  of  land  belonging  to  said  estate,  to  wit:  (here  describe 
the  land.)  The  terms  on  which  I  will  sell  said  above  described  land  ar» 
as  follows:  (here  give  the  terms). 

Witness  my  hand  this  the  ....  day  of ,  A.  D.  19.  . 


Administrator  of  the  estate  of  ,  deceased. 

R.  S.  Art.  2131   (2077). 

All  public  sales  of  real  estate  shall  be  advertised  at  least  twenty  days 
before  the  day  of  sale. 
R.  S.  Art.  2130   (2076). 


No.  52. 

FORM  OF  REPORT  OF  SALE. 

Estate  of  ,  Deceased,   ,  Administrator.     In 

the  County  Court  of County,  Texas,   Term 

A.  D.  19..,    day  of  ,  A.  D.  19.. 

To  the  Hon. ,  Judge  of  said  Court : 

Now  comes ,  administrator  of  said  estate,  and  here  now 

reports  to  the  court  that  in  obedience  to  an  order  of  sale  made  by  this 

court  on  the  ....  day  of ,  A.  D.  19 . .,  he  did,  on  the  ....  day  of 

,  A.  D.  19. .,  at ,  in  the  county  of and  State 

of  Texas,  at  public  auction  (or,  at  private  sale  as  the  case  may  be),  sell 
to of county,  State  of  Texas,  the  following  de- 
scribed property  belonging  to  the  estate  of  ,  deceased,  to 

wit :  (here  describe  the  property),  for  the  sum  of dollars,  as  fol- 
lows :  (here  give  the  amount  for  which  each  article  was  sold),  and  on  the 
following  terms:  (here  give  the  terms  of  sale).  Said  property  so  sold 
is  the  same  property  described  in  said  order  of  sale,  and  the  terms  of 
sale  are  the  same  as  therein  set  forth. 


Administrator. 

Subscribed  and  sworn  to  before  me,  under  my  official  hand  and  seal, 

this  the day  6f ,  A.  D.  19. . 

(Seal.) 
R.  S.  Art.  2142  (2088). 

Eeport  of  sale  should  be  returned  to  the  court  within  thirty  days  after 
the  sale. 

R.  S.  Art.  2141    (2087). 


36  TEXAS  CIVIL  FORM  BOOK. 

No.  53. 
FORM  OF  ORDER  CONFIRMING  SALE. 

Estate  of   ,  Deceased,   ,  Administrator.     In 

the  County  Court  of County,  Texas, Term,  A.  D.  19 .. 

On  this  the  ....  day  of ,  A.  D.  19 . .,  came  on  to  be  heard  in  the 

administration  of  the  estate  of   ,  deceased,  the  report  of 

sale  of ,  administrator  of  said  estate,  of  the  property  herein 

described,  made  in  obedience  to  the  order  of  this  court  made  on  the  .... 

d.ay  of ,  A.  D.  19.  .,  and  entered  upon  the  minutes  of  this  court; 

and  it  appearing  to  the  court  that  the  said  report  had  been  filed  in  this 
court  for  the  time  required  by  law,  and  the  court  having  inquired  into 
the  manner  in  which  said  sale  was  made,  and  having  heard  evidence  in 
favor  of  and  against  said  report,  is  satisfied  that  the  sale  was  fairly  made 
and  in  conformit}r  with  law  and  for  a  fair  price :  It  is  therefore  ordered 
by  the  court  that  the  said  report  of  sale  be  and  the  same  is  here  now  in 
all  respects  approved  and  confirmed.  It  is  further  ordered  by  the  court 
that  the  said  report  be  recorded  by  the  clerk  of  this  court,  and  that  the 
proper  conveyance  of  the  property  described  therein  be  made  to  said 

,  the  purchaser  named  in  said  report,  upon  his  compliance 

with  the  terms  of  said  sale. 


County  Judge  of   County,  Texas. 

R.  S.  Art.  2144  (2090). 

Note. —  Order  confirming  sale  can  be  made  at  any  time  after  the  ex- 
piration of  five  days  from  the  filing  of  the  report. 


No.  54. 

FORM  OF  DEED  BY  ADMINISTRATOR. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents:     That,  whereas,  by  an  order  of  the 

county  court,  sitting  in  matters  of  probate,  made  at  the Term,  A. 

D.  19 .  . ,  of  said  court,  directing^  the  sale  of  the  tract  or  the  parcel  of 
land  hereinafter  described,  belonging  to  the  estate  of ,  de- 
ceased, the  administration  of  which  was  then  pending  in  said  court,  upon 
an  application  for  an  order  of  court  to  sell  said  land,  made  to  said  court 

on  the  ....  day  of ,  A.  D.  19.  .,  I, ,  administrator  of 

the  estate  of  said ,  deceased,  did  on  the  ....  day  of , 

A.  D.  19.  .,  the  same  being  the  first  Tuesday  of ,  A.  D.  19.  .,  be- 
tween the  hours  of  10  a.  m.  and  4  p.  m.  of  said  day,  sell  said 
premises  in  the  county  of ,  at  the  courthouse  door  thereof,  at 


TEXAS  CIVIL  FORM  BOOK.  37 

public  auction,  on  a  credit  of months,  to for  the 

sum  of dollars,  that  being  the  highest  and  best  bid  for  the  same ; 

and  whereas,  the  report  of  sale  was,  on  the  ....  day  of ,  A.  D. 

19 . . . .,  made  to  said  court,  and  notice  of  sale  was  duly  given  for  the  time 
and  in  the  manner  required  by  law;  and  whereas,  the  said  report  of  sale 

made  as  aforesaid  was,  at  the term,  A.  D.  19.  .,  the  same  being  a 

regular  term  of  said  court,  on  the  ....  day  of ,  A.  D.  19.  .,  in  all 

respects  approved  and  confirmed  by  a  decree  of  said  court  as  follows: 
(here  insert  the  decree  of  confirmation). 

Now  therefore  I,  ,  administrator  of  the  estate  of 

,  deceased,  in  consideration  of  the  premises  and  that  said 

purchaser  has  executed  his  note  for  the  sum  of dollars,  payable  on 

the  ....  day  of ,  A.  D.  19 .  .,  (here  give  brief  description  of  note), 

secured  by  good  personal  sureties  and  a  mortgage  on  said  premises,  have 
granted,  sold  and  conveyed  and  by  these  presents  do  grant,  sell  and  con- 
vey to  the  said of county,  in  the  State  of  Texas, 

all  that  certain  tract  or  parcel  of  land  situated  in  the  county  of , 

State  of  Texas,  more  particularly  described  as  follows,  to  wit:  (here  de- 
scribe the  land);  to  have  and  to  hold  the  above  described  premises,  to- 
gether with  all  and  singular  the  rights  and  appurtenances  thereto  in  any- 
wise belonging,  unto  the  said ,  his  heirs  and  assigns  forever. 

Witness  my  hand  this  ....  day  of ,  A.  D.  19 .. 


Administrator  of  the  estate  of ,  deceased. 

FORM   OF  ACKNOWLEDGMENT. 

The  State  of  Texas,  County  of 

Before  me, ,  a  notary  public  (or,  other  officer,  as  the  case 

may  be)  in  and  for  the  county  of and  State  of  Texas,  on  this 

day  personally  appeared ,  known  to  me  (or,  proved  to  me 

on  the  oath  of )  to  be  the  person  whose  name  is  subscribed 

to  the  foregoing  instrument,  and  acknowledged  to  me  that  he  executed 

the  same,  as  administrator  of  the  estate  of ,  deceased,  for 

the  purposes  and  consideration  therein  expressed  and  in  the  capacity 
therein  set  forth. 

Given  under  my  hand  and  seal  of  office  this  ....  day  of ,  A.  D. 

19.. 


Notary  Public  (or  other  officer)  in  and  for County,  Texas. 

R.  S.  Art.  2147  (2092). 


38  TEXAS  CIVIL  FORM  BOOK. 

No.  55. 

APPLICATION  FOR  SPECIFIC  PERFORMANCE  UNDER  CONTRACT. 

Estate  of   ,  Deceased,   ,  Administrator.     In 

County  Court  of County,  Texas, Term,  A.  D.  19 .. 

To  the  Hon ,  Judge  of  said  Court: 

Now  conies  your  petitioner ,  of County,  Texas, 

and  respectfully  represents  to  the  court,  that ,  deceased,  in 

his  lifetime,  to  wit,  on  the day  of ,  A.  D.  19. .,  executed  and 

delivered  to  your  petitioner,  his  bond  in  writing  (or,  other  written  agree- 
ment, as  the  case  may  be)  in  due  form  of  law  which  is  hereto  attached, 
marked  Exhibit  "A"  and  made  a  part  hereof,  whereby  the  said  decedent 
in  his  lifetime  agreed,  bound  and  obligated  himself,  his  heirs,  executors 

and  administrators,  in  the  sum  of dollars,  to  make  your  petitioner, 

his  heirs  and  assigns,  upon  the  payment  of  a  certain  promissory  note  of 

dollars,  executed  by  your  petitioner  and  payable  to  the  said 

,  due  on  the  ....  day  of ,  A.  D.  19 . .,  and  in  said  bond 

specified,  good  and  sufficient  titles,  in  fee  simple,  to  the  following  de- 
scribed tract  of  land,  to  wit:  (here  describe  the  land);  that  your  peti- 
tioner has  heretofore  been  and  is  now  ready  to  pay  off  said  note,  principal 
and  interest,  and  to  comply  with  his  part  of  the  contract  under  which 

&aid  bond  was  given ;  that  the  said lately  departed  this  life 

in County,  Texas,  without  having  made  such  title  or  having 

carried  out  his  part  of  said  contract,  and  that ,  a  resident  of 

said  county,  is  the  lawfully  constituted  administrator  of  the  estate  of  said 
decedent. 

Wherefore  your  petitioner  prays  the  court,  that ,  adminis- 
trator as  aforesaid,  be  cited  to  appear  at  the  next  regular  term  of  this 
court,  and  show  cause  why  a  specific  performance  of  such  bond  (or, 
written  agreement,  as  the  case  may  be)  should  not  be  decreed,  and  that 
by  a  decree  of  this  court  then  and  there  made  up  and  entered,  the  said 
,  as  the  administrator  of  the  estate  of ,  de- 
ceased, be  ordered  and  required  to  execute  good  and  sufficient  titles  in  fee 
simple  to  your  petitioner  for  said  tract  of  land  in  accordance  with  the 
tenor  and  terms  of  said  bond,  and  for  such  other  orders  that  may  be 
necessary,  etc. 


R.  S.  Art.  2151  (2096). 


TEXAS  CIVIL  FORM  BOOK.  39 

No.  56. 

DECREE  ORDERING  SPECIFIC  PERFORMANCE. 

Estate  of ,  Deceased ,  Administrator.     In 

County  Court  of County,  Texas, Term,  A.  D. 

19.., day  of ,  A.  D.  19.. 

On  this  day  came  on  to  be  heard  the  complaint  of ,  made 

and  filed  herein  as  the  law  directs  for  a  specific  performance  of  bond  al- 
leged to  have  been  executed  by ,  deceased,  in  his  lifetime, 

accompanying  said  complaint,  and  it  appearing  to  the  satisfaction  of  the 

court  upon  due  examination  of  same,  that  ,  deceased,  in 

his  lifetime,  to  wit,  on  the  ....  day  of ,  A.  D.  19.  .,  executed  and 

delivered  said  bond,  in  due  form  of  law,  to  the  said , 

whereby  the  said  decedent,  in  his  lifetime  as  aforesaid,  agreed,  bound  and 
obligated  himself,  his  heirs,  executors  and  administrators,  in  the  sum  of 

dollars,  to  make  the  said .,  his  heirs  and  assigns,  upon 

the  payment  of  a  certain  promissory  note  of dollars,  in  said  bond 

specified,  good  and  sufficient  title,  in  fee  simple,  to  the  following  de- 
scribed tract  of  land,  to  wit:  (here  describe  the  land );  and  it 

further  appearing  to  the  court  that  the  sale  of  said  land,  as  aforesaid, 

was  legally  made  and  that  the  said has  heretofore  been  and 

is  now  ready  to  comply  with  his  part  of  the  contract,  under  which 
said  bond  was  given,  by  paying  off  and  discharging  said  promissory  note 
therein  specified,  and  prays  that  a  specific  performance  of  said  bond  be 
decreed;  and  it  further  appearing  to  the  court  that  said  administrator 
has  been  duly  cited  to  appear  at  this  term  of  the  court  and  show  cause 
why  said  decree  should  not  be  made,  and  no  cause  as  aforesaid  has  been 
shown : 

It  is  therefore  ordered  and  decreed  by  the  court,  that  upon  the  payment 

of  the  said  promissory  note  of dollars,  in  said  bond  specified,  with 

the  interest  -thereon  accrued,  said  bond  according  to  the  legal  tenor  and 
effect  thereof  be  specifically  performed,  and  in  compliance  herewith 

the  said ,  administrator  as  aforesaid,  is  required  and  ordered 

to  execute  and  deliver  to  the  said ,  his  heirs  and  assigns, 

good  assurance  of  title  in  fee  simple  to  said  tract  of  land  according  to 

the  legal  tenor  and  effect  of  said  bond,  and  that  the  said , 

administrator  as  aforesaid,  shall  have  full  acquittances  entered  thereon, 
and  shall  file  the  same  with  his  other  vouchers  in  this  court. 

R.  S.  Art.  2152  (2097). 

The  administrator  in  making  conveyance  of  said  land  should  recite 
the  decree  of  the  court  authorizing  the  same. 
R.  S.  Art.  2153  (2098). 


40  TEXAS  CIVIL  FORM  BOOK. 

No.  57. 

FORM  OF  APPLICATION  FOR  SALE  OF  REAL  ESTATE  UNDER 

MORTGAGE. 

Estate  of ,  Deceased ,  Administrator.     In 

County  Court  of County,  Texas, Term,  A.  D.  19 .. 

To  the  Hon ,  Judge  of  said  Court : 

Now  comes  your  petitioner, ,  of County,  Texas, 

and  respectfully  represents  to  the  court,  that ,  deceased,  in 

his  lifetime,  to  wit,  on  the  ....  day  of ,  A.  D.  19. .,  made,  executed 

•and  delivered  to  your  petitioner  a  certain  promissory  note  for  the  sum  of 

$ ,  due  on  the  ....  day  of ,  A.  D.  19 .  .,  bearing  interest  from 

date  thereof  at  the  rate  of  ....  per  cent  per  annum  until  paid,  and  se- 
cured by  a  mortgage  or  deed  of  trust  of  even  date  with  said  note,  on 

acres  of  land  out  of  the survey,  situated  in 

County,  Texas,  more  fully  hereinafter  described,  made  and  executed  by 

,  deceased,  during  his  lifetime,  to ,  as  trustee, 

in  trust,  for  the  use  and  benefit  of  your  petitioner  in  the  payment  of 
said  above  described  note,  as  is  more  fully  shown  by  a  copy  of  said  note 
and  mortgage  hereto  attached,  marked  Exhibits  "A"  and  "  B,"  each  re- 
spectively, and  made  a  part  hereof,  whereby  said  decedent,  in  his  lifetime 

as  aforesaid,  granted,  bargained  and  sold  unto  the  said ,  as 

trustee,  said acres  of  land,  described  as  follows,  to  wit :  (here  de- 
scribe said  land)  to  have  and  to  hold  said  land  in  trust  upon  the  terms 
and  conditions  therein  set  forth  to  secure  your  petitioner  in  the  payment 
of  said  note,  both  principal  and  interest,  and  your  petitioner  further  rep- 
resents to  the  court  that  said  note  is  long  past  due,  and  is  wholly  unpaid, 
and  the  same,  as  well  as  the  lien  of  said  mortgage  or  deed  of  trust,  has 
J>een  allowed  by ,  of  said  county,  the  duly  qualified  admin- 
istrator of  said  estate,  and  approved  by  the  court  as  required  by  law,  as 
appears  from  the  indorsements  on  said  note  and  deed  of  trust. 

Wherefore,  your  petitioner  prays  the  court  that ,  admin- 
istrator of  the  estate  of  .  . . ,  deceased,  be  cited  to  appear  at  the 

next  regular  term  of  this  court  to  answer  this  application,  and  that  an 
order  be  then  and  there  granted  by  your  honor,  authorizing  and  requiring 

said  administrator  to  sell  for  cash,  the  said acres  of  land,  or  so 

much  thereof  as  may  be  required  to  pay  off  and  satisfy  said  claim,  and 
to  apply  the  proceeds  of  said  sale  to  the  payment  of  said  claim,  and  for 
such  other  orders  that  may  be  necessary,  etc. 


R.  S.  Art.  2121  (2067). 

The  same  notice  of  said  application  shall  be  given  as  is  required  to 
obtain  an  order  for  the  sale  of  such  property. 


TEXAS  CIVIL  FORM  BOOK.  41 

No.  58. 

ORDER  FOR  SALE  OF  REAL  ESTATE  UNDER  MORTGAGE. 

Estate  of ,  Deceased ,  Administrator.     In 

County  Court  of County,  Texas, Term,  A.  D.  19 .. 

On  this  the  ....  day  of ,  A.  D.  19 . . ,  came  on  to  be  heard  the 

application  of ,  made  and  filed  as  the  law  directs,  for  the 

sale  of  said acres  of  land  described  therein,  and  it  appearing  to  the 

court  upon  due  examination  of  same,  that   ,  deceased,  in 

his  lifetime,  executed  and  delivered  to ,  his   promissory 

note  for  the  sum  of  $ ,  due  on  the  ....  day  of ,  A.  D.  19. ., 

with  interest  at  the  rate  of  ....  per  cent  per  annum  from  date  thereof 
until  paid,  described  in  said  application,  and  also  on  same  date  executed 
and  delivered  in  his  lifetime  said  mortgage  or  deed  of  trust  described 

in  said  application  to ,  as  trustee,  in  trust,  for  the  use  and 

benefit  of  and  to  secure  the  said in  the  payment  of  said 

note,  on  said acres  of  land  out  of  the survey,  situated  in 

County,  Texas,  described  as  follows,  to  wit :  (here  describe  said 

land).  And  it  further  appearing  to  the  court  that  said  promissory  note, 
although  just  and  long  since  due,  is  wholly  unpaid,  and  that  the  same, 
as  well  as  the  lien  of  said  mortgage  or  deed  of  trust,  has  been  duly  al- 
lowed and  approved  as  required  by  law,  and  it  further  appearing  to  the 

court  that ,  administrator  of  said  estate,  has  been  duly 

cited  as  the  law  directs  to  appear  and  answer  said  application,  and  that 
no  cause  has  been  shown,  why  the  order  therein  prayed  for  should  not 
be  granted: 

It  is  therefore  ordered  by  the  court  that  the  said ad- 
ministrator as  aforesaid,  be  and  he  is  hereby  required  to  sell  said  prop- 
erty for  cash,  at  private  sale,  and  to  apply  the  proceeds  thereof  to  the 
payment  of  said  note,  or  so  much  thereof  as  may  be  necessary  for  the  pay- 
ment of  the  same:  and  it  is  further  ordered  that  the  said  administrator 
shall  have  a  relinquishment  in  full  entered  on  said  mortgage  or  deed  of 
trust,  and  that  it,  together  with  said  note  duly  receipted,  be  filed  with  his 
other  vouchers  in  said  court,  and  that  he  make  due  return  of  said  sale 
to  this  court  as  the  law  directs. 
R.  S.  Art.  2121  (2067). 

When  sale  is  made  at  public  auction  due  and  legal  notice  of  sale  must 
be  given. 


42  TEXAS  CIVIL  FORM  BOOK. 

No.  59. 

APPLICATION  FOR  PARTITION  AND  DISTRIBUTION. 

Estate  of ,  Deceased ,  Administrator.     In 

County  Court  of County,  Texas, Term,  A.  D.  19 .  . 

To  the  Hon ,  Judge  of  said  Court: 

Now  comes  your  petitioner ,  of County,  Texas, 

and  respectfully  represents  to  the  court,  that  he  is  one  of  the  heirs  of  the 

estate  of ,  deceased,  and  is  interested  in  said  estate;  that 

letters  of  administration  by  an  order  of  this  court  were  granted  to 

,  at  the term  thereof,  A.  D.  19 . .,  on  the  estate  of 

the  said ,  deceased,  and  said  administration  is  still  open 

and  pending  in  this  court;  that  there  has  heen  one  term  of  said  court 
after  the  expiration  of  twelve  months  from  the  original  grant  of  said 
letters  of  administration;  that  the  assets  of  said  estate,  now  in  the  hands 
of  said  administrator,  are  by  a  large  amount,  more  than  sufficient  to  pay 
all  the  debts  and  expenses  of  every  kind  which  have  been  approved  or  es- 
tablished by  judgment,  or  which  may  yet  be  established  by  judgment,  and 
also  the  probable  future  expenses  of  administration;  that  the  residue  of 
said  estate  is  subject  to  partition  and  distribution;  and  your  petitioner 

further  represents,  that ,  the  administrator  of  said  estate, 

,  a  minor,  who  has  no  legally  qualified  guardian  within 

this  State,  ,  the  wife  of ,  ,  a 

minor  and  ward  of ,  and  your  petitioner,  all  residents  of 

County,  Texas,  are  all  and  the  only  lawful  heirs  of  said  estate. 

Wherefore,  your  petitioner  prays  the  court,  that  the  said , 

administrator  of  said  estate,  the  said ,  minor,  and  his  guard- 
ian   ,  the  said ,  and  his  wife , 

and  the  said  minor ,  be  cited  to  appear  at  the  next  regular 

term  of  this  court  and  show  cause  why  a  partition  and  distribution  of 
the  residue  of  said  estate  should  not  be  made  among  the  heirs  thereof, 
and  that  a  decree  then  and  there  be  made  by  your  honor  for  the  partition 
and  distribution  of  the  residue  of  said  estate,  that  commissioners  be  ap- 
pointed and  writ  of  partition  issue,  and  for  such  other  and  further  or- 
ders that  may  be  necessary,  etc. 


R.  S.  Arts.  2154-2158  (2099-2103). 

Citation  shall  issue  returnable  to  some  regular  term  of  the  court  and 
shall  require  all  persons  interested  in  said  estate  to  appear  and  show 
cause  why  such  partition  and  distribution  should  not  be  made. 

R.  S.  Art.  2155  (2100). 

When  application  is  made  by  any  one  other  than  said  administrator, 
said  administrator  shall  be  cited  to  appear  and  file  in  said  court  a  full 
and  complete  exhibit,  etc. 

R.  S.  Art.  2157  (2102). 

Partition.     See  29th  Leg.,   Reg.    Ses.  (1905),  p.  108. 


TEXAS  CIVIL  FORM  BOOK.  43 

No.  60. 

APPOINTMENT  OF  GUARDIAN  AD  LITEM. 

No Estate  of ,  Administrator.    In  County  Court 

of County,  Texas, Term,  A.  D.  19. . 

It  being  shown  to  the  court  that ,  one  of  the  defendants 

in  the  above  entitled  cause,  is  a  minor,  and  that  he  has  no  guardian  within 

this  State, is  hereby  appointed  guardian  ad  litem  for  the 

purpose  of  defending  said  suit  for  the  said 

R.  S.  Art.  2161    (2106). 


No.  61. 

CITATION  IN  PARTITION  AND  DISTRIBUTION. 

The  State  of  Texas,  to  the  Sheriff  or  any  Constable  of County 

—  Greeting : 

Whereas,  on  the  . . : .  day  of ,  A.  D.  19 . ., of  the 

estate  of ,  deceased,  filed  in  the  County  Court  of 

County.  ....  application  for  the  partition  and  distribution  of  said  estate, 

and  alleging  that ,    ,  and are 

entitled  to  a  share  of  said  estate: 

Therefore,  you  are  hereby  commanded  to  summon  and  require  the  said 

and  all  persons  interested  in  said  estate,  to  be  and  appear 

before  said  County  Court  at  the  next  term  thereof,  to  be  held  at  the 

courthouse  of  said  .......  County,  in on  the  ....  Monday  in 

,  A.  D.  19. .,  the  same  being  the  ....  day  of ,  A.  D.  19. ., 

then  and  there  to  show  cause  why  such  partition  and  distribution  should 
not  be  made. 

Herein  fail  not,  but  have  you  then  and  there  before  said  court  on  the 
said  first  day  of  the  next  term  hereof,  this  writ,  with  your  return  thereon, 
showing  how  you  have  executed  the  same. 

Witness, 

Clerk  of  the  County  Court  of County. 

Given  under  my  hand  and  the  seal  of  said  court,  at  my  office  in 
,  this  the day  of ,  A.  D.  19. . 


Clerk  of  the  County  Court  of County. 

By.... ,  Deputy. 

R.  S.  Art.  2155  (2100). 


44  TEXAS  CIVIL  FORM  BOOK. 

No.  62. 
DECREE   OF  PARTITION. 

Estate  of ,  Deceased ,  Administrator.     In 

County  Court  of County,  Texas, Term,  A.  D.  19 .. 

On  this  the  ....  day  of ,  A.  D.  19. .,  came  on  to  be  heard  the 

application  of ,  made  and  filed  herein  as  the  law  directs 

for  a  partition  and  distribution  of  the  residue  of  the  estate  of , 

deceased,  and  it  appearing  to  the  satisfaction  of  the  court  that  twelve 
months  have  elapsed  since  granting  said  letters  of  administration  and 
that  there  has  been  a  regular  term  of  said  court  since  the  expiration 
thereof;  and  that  the  assets  of  said  estate,  now  in  the  hands  of  said  ad- 
ministrator, are  by  a  large  amount,  more  than  sufficient  to  pay  all  the 
debts  and  expenses  of  every  kind  which  have  been  approved  or  established 
by  judgment  or  which  may  yet  be  established  by  judgment,  and  also  the 
probable  future  expenses  of  administration,  and  it  further  appearing  to 

the  court,  that  said  debts  and  expenses  amount  to  the  sum  of 

dollars,  and  the  residue  of  said  estate  subject  to  partition  and  distribu- 
tion after  deducting  from  the  entire  assets  of  said  estate  the  amount  of 
the  debts  and  expenses  aforesaid  of  said  administration,  is  as  follows, 
to  wit:  (here  describe  the  property);  and  it  further  appearing  to  the 

court,  that  the  following  named  persons,  all  residents  of County, 

Texas,  are  by  law  entitled  to  partition  and  distribution  of  the  residue  of 

said  estate,  to  wit,    ,  the  administrator  of  said  estate, 

,  and ,  both  minors, ,  the  wife 

of ,  and ,  share  and  share  alike,  and  are  the 

only    heirs    at    law    of    the    estate    of ,    deceased;    that 

is  a  minor,  without  a  legal  guardian  within  this  State, 

and  that ,  a  resident  of County,  Texas,  has  been 

appointed  by  this  court  guardian  ad  litem  to  appear  and  to  represent 

said  minor's  interest  herein,  and  that is  the  legal  guardian 

of  the  said  minor ,  and  that  all  of  said  named  parties  have 

been  duly  cited,  as  the  law  directs,  to  appear  and  answer  herein  and  show 
cause  why  the  residue  of  said  estate  should  not  be  partitioned  and  dis- 
tributed among  said  heirs,  and  no  cause  aforesaid  has  been  shown;  and 
that  said  administrator  has  filed  in  this  court  a  full  and  complete  ex- 
hibit and  account  of  the  condition  of  said  estate;  and  it  further  appear- 
ing to  the  court  that  the  following  described  property  is  amply  sufficient 
to  pay  all  the  debts  and  expenses  aforesaid  of  said  administration,  to  wit : 
(here  describe  the  money  and  property). 

'  It  is  therefore  ordered  and  decreed  by  the  court,  that  the  residue  of 
said  estate,  as  above  described,  be  and  is  hereby  ordered  and  directed  par- 
titioned and  distributed  equally,  share  and  share  alike,  among  said  named 
persons,  to  wit:  (here  give  the  names.) 

It  furtfier  appearing  to  the  court,  that ,  , 

and ,  all  residents  of County,  Texas,  discreet  and 


TEXAS  CIVIL  FORM  BOOK.  45 

disinterested  persons  in  said  estate,  are  hereby  appointed  commissioners 
to  make  a  fair,  just  and  impartial  partition  and  distribution  of  said 
estate  as  above  indicated,  among  said  named  persons  in  the  following 
order : 

1.  Of  the  land  or  other  property  by  allotment  to  each  distributee  of 
a  part  in  each  parcel  or  of  parts  in  one  or  more  parcels,  or  of  one  or  more 
parcels,  either  with  or  without  the  addition  of  a  part  or  parts  of  other 
parcels,  as  shall  be  most  for  the  interest  of  the  distributee;  provided, 
the  said  real  estate  is  capable  of  being  so  divided  without  manifest  in- 
jury to  all  or  any  of  the  distributees. 

2.  If  the  real  estate  is  not  capable  of  a  fair,  just  and  equal  division 
hi  kind,  but  may  be  made  so  by  allotting  to  one  or  more  of  the  distrib- 
utees a  proportion  of  money  or  other  personal  property  to  supply  the 
deficiency  or  deficiencies,  the  commissioners  shall  have  power  to  make, 
as  near  as  may  be,  an  equal  division  of  the  real  estate  and  supply  the 
deficiency  of  any  share  or  shares  from  the  money  or  other  property. 

3.  The  commissioners  shall  proceed  to  make  a  like  division  in  kind, 
as  near  as  may  be,  of  the  money  and  other  personal  property,  and  shall 
determine  by  lot  among  equal  shares  to  whom  each  particular  share  shall 
belong  and  are  hereby  commanded  to  proceed  forthwith  to  make  such 
partition  and  distribution  in  accordance  with  the  decree  of  this  court 

and  make  due  report  to  the term,  A.  D.  19.  .,  of  this  court,  ir. 

writing  of  their  proceedings,  subscribed  and  sworn  to  by  them,  contain- 
ing a  statement  of  the  property  divided  by  them,  and  also  a  particular 
description  of  the  property  allotted  to  each  distributee  and  its  value,  (if 
real  estate)  with  a  general  plat  of  said  land  with  the  division  lines 
plainly  set  down  and  the  number  of  acres  in  each  share,  for  which  writ 
of  partition  and  distribution  may  issue. 

It  is  further  ordered  and  directed  that ,  administrator 

of  said  estate,  shall  retain  in  his  hands  for  the  payment  of  the  debts  and 

expenses  of  said  administration dollars  (or,  the  following  described 

property ). 

R.  S.  Art.  2162  (2107). 

If  the  estate  to  be  distributed  shall  consist  only  of  money  or  debts  due 
the  estate,  or  both,  the  court  shall  fix  the  amount  to  which  each  dis- 
tributee is  entitled,  and  order  the  payment  and  delivery  thereof  by  the 
administrator. 

R.  S.  Art.  2163  (2108). 

If  the  estate  does  not  consist  entirely  of  money  or  debts  due  the  estate, 
or  both,  the  court  shall  appoint  three  or  more  discreet  and  disinterested 
persons  as  commissioners,  to  make  a  partition  and  distribution  of  the 
estate. 

R.  S.  Art.  2164  (2199). 


46  TEXAS  CIVIL  FORM  BOOK. 

No.  63. 
REPORT    OF   COMMISSIONERS. 

Estate  of ,  Deceased ,  Administrator.     In 

County  Court, County,  Texas,  ........  Term,  A.  D.  19 .. 

To  the  Hon ,  Judge  of  said  Court: 

We,  the  undersigned  commissioners,  respectfully  represent  to  the  court, 
that  by  virtue  of  a  writ  of  partition  and  distribution  to  us  directed  from 
the  county  court  of  said  county,  we  have  this  day  as  therein  required, 
according  to  law  and  the  certified,  copy  of  decree,  accompanying  said 
writ,  made  a  fair,  just  and  impartial  partition  and  distribution  of  -the 

property  described  in  said  decree  as  belonging  to  the  estate  of , 

deceased,  among  the  heirs  and  distributees  of  the  same,  to  the  best  of 
our  skill  and  knowledge,  the  result  whereof  we  respectfully  submit  to  the 
consideration  of  the  court  as  follows,  to  wit : 

To ,,  we  have  distributed  the  following  described  prop- 
erty: (here  describe  the  property,  giving  the  separate  and  total  value 
thereof). 

To ,  we  have  distributed  the  following  described  prop- 
erty: (here  describe  the  property,  giving  the  separate  and  total  value 
thereof). 

To ,  we  have  distributed  the  following  described  prop- 
erty: (here  describe  the  property,  giving  the  separate  and  total  value 
thereof). 

To ,  we  have  distributed  the  following  described  prop- 
erty: (here  describe  the  property,  giving  the  separate  and  total  value 
thereof). 

(When,  in  the  opinion  of  the  commissioners,  any  of  said  property  is 
incapable  of  division,  the  additional  special  report  should  be  added). 

And  the  commissioners  further  report  that  the  following  described 

tract  of  land,  consisting  of acres,  situated  in County, 

Texas,  described  in  a  copy  of  decree,  to  wit:  (here  describe  land),  in 
our  opinion,  is  not  capable  of  a  fair  and  equal  division  among  said  dis- 
tributees, the  value  of  which  we  appraise  at dollars. 

Witness  our  hands  this  the  ....  day  of ,  A.  D.  19.  . 


Commissioners. 

Subscribed  and  sworn  to  before  me.  this  the  ....  day  of ,  A.  D. 

19.. 

A  plat  of  said  land  should  acr  ompany  report. 
R.  S.  Art.  2168  (2113).  » 


TEXAS  CIVIL  FORM  BOOK.  47 

No.  64. 

ORDER  OF  COURT  APPROVING  REPORT  OF  COMMISSIONERS. 

Estate  of ,  Deceased ,  Administrator.     In 

County  Court  of County,  Texas, Term,  A.  D.  19 .. 

On  this  the  ....  day  of ,  A.  D.  19.  .,  came  on  to  be  heard  in  the 

administration  of  the  estate  of ,  deceased,  the  report  of 

said  commissioners  appointed  by  this  court  to-  partition  and  distribute 
said  estate  among  the  heirs  thereof,  made  in  obedience  to  the  order  of 

this  court,  made  on  the  ....  day  of ,  A.  D.  19.  .,  and  it  appearing 

to  the  court,  after  having  examined  the  same  carefully  and  having  heard 
all  exceptions  and  objections  made  thereto,  and  having  heard  evidence  in 
favor  of  and  against  the  same,  that  said  division  has  been  fairly  made 
according  to  law,  and  no  valid  exceptions  having  been  taken  thereto : 

It  is  therefore  ordered  by  the  court  that  the  said  report  of  partition 
and  distribution  be  and  the  same  is  here  now  in  all  respects  approved  and 
ordered  entered  of  record  by  the  clerk  of  this  court. 

It  is  further  ordered  by  the  court  that  the  title  be  vested  in  each  of 
said  distributees  of  their  respective  shares  or  portions  of  the  property  as 
set  apart  to  them  by  said  commissioners  in  said  report. 

It  is  further  ordered  by  the  court  that ,  administrator  of 

said  estate  of ,  deceased,  deliver  to  the  said  distributees  their 

respective  shares  of  the  estate  as  set  apart  to  them  in  said  report  on  de- 
mand, together  with  all  the  title  deeds  and  papers  belonging  to  the  same. 

R.  S.  Arts.  2169  (2114),  2180  (2125). 

When  any  portion  of  said  estate  lies  in  another  county  and  cannot  be 
fairly  partitioned,  the  same  may  be  ordered  sold  by  the  court. 
R.  S.  Art.  2177  (2122). 


No.  65. 

APPEAL  BOND  IN  MATTER  OF  PROBATE. 

The  State  of  Texas,  County  of Estate  of ,  De- 
ceased. 

Whereas,  in  a  certain  proceeding  in  the  County  Court  of 

County,  in  the  estate  of ,  deceased,  at  the term,  A. 

D.  19.  .,  the  following  judgment  was  rendered  (here  set  out  the  judg- 
ment), from  w'hich  judgment has  appealed  to  the  district 

court  of  said  county  of ,  and  given  notice  of  said  appeal,  an 

entry  whereof  has  been  entered  of  record  in  said  county  court,  and  the 
amount  of  bond  fixed  by  said  court  at dollars: 

Now  therefore  we, ,  as  principal,  and and 

,  as  sureties,  acknowledge  ourselves  bound  to  pay , 


48  TEXAS  CIVIL  FORM  BOOK. 

county  judge  in  and  for  said  county,  and  his  successors  in  office,  the 
sum  of dollars,  conditioned  that  the  said shall  pros- 
ecute his  appeal  to  effect,  and  perform  the  decision,  order,  decree  or 
judgment  which  the  district  court  shall  make  thereon,  in  case  said  cause 
shall  be  decided  against  him. 

Witness  our  hands  this  the  ....  day  of ,  A.  U.  19.  . 


Approved  the  ....  day  of ,  A.  D.  19 .. 

Clerk  County  Court, County,  Texas. 

R.  S.  Art.  2256   (2201). 

Bond  must  be  filed  within  fifteen  days  after  decree  or  judgment. 
Proceedings  in  the  county  court  in  probate  matters  may  be  revised  and 
corrected  by  certiorari  to  the  district  court. 
R.  S.  Art.  332  (290). 

Appeals  and  writs  of  error  to  the  appellate  court,  from  the  judg- 
ments of  the  district  courts  in  cases  of  certiorari,  shall  be  allowed,  and 
shall  be  governed  by  the  same  rules  as  in  other  cases. 

R.  S.  Art.  340   (208). 


JNo.  66. 
AFFIDAVIT  IN  LIEU  OF  APPEAL  BOND. 

The  State  of  Texas,   County  of No Estate  of 

,  Deceased.    In  County  Court  of County, 

Term,  A.  D.  19.  . 

Before  me,  the  undersigned  authority,  on  this  day  personally  appeared 

,  who  being  by  me  first  duly  sworn,  on  his  oath  says,  that 

at  a  regular  term  of  the  county  court  of County,  Texas,  sitting 

for  probate  business,  in  the  estate  of ,  deceased,  to  wit,  on 

the  ....  day  of ,  A.  D.  19.  .,  the  following  judgment  was  ren- 
dered (here  set  out  the  judgment),  from  which  said  judgment  he,  the 

said ,  desires  to  prosecute  an  appeal  to  the  district  court  of 

said  county  of ,  and  has  given  notice  of  said  appeal,  an  entry 

whereof  has  been  entered  of  record  in  said  county  court;  and  the  appeal 


TEXAS  CIVIL  FORM  BOOK.  49 

bond  has  been  fixed  at  the  sum  of dollars  and  that  he  is  unable 

to  give  the  appeal  bond  in  said  eau^e;  that  he  has  made  diligent  efforts 
to  give   such  bond  and  is  unable  to  do  so  by  reason  of  his  poverty. 


Subscribed  and  sworn  to  before  me,  by ,  this  the  ....  day 

of ,  A.  D.  19.. 


R.  S.  Art.  2258  (2203). 

Affidavit  must  be  filed  with  the  county  clerk  within  the  time  prescribed 
for  giving  appeal  bond. 


No.  67. 
PETITION  OF  SURETY  FOR  NEW  BOND  AND  RELEASE. 

Estate  of ,  Deceased ,  Administrator.     In 

County  Court  of County,  Texas, Term,  A.  D. 

19. .   (or,  in  Vacation). 

To  the  Hon ,  Judge  of  said  Court: 

Now  comes  your  petitioner ,  of County,  Texas, 

and  respectfully  represents  to  the  court,  that  he  is  one  of  the  sureties  for 

on  his  bond  heretofore  given  as  administrator  of  the  estate 

of ,  deceased,  in  this  court,  and  that  your  petitioner  desires 

to  be  released  and  discharged  from  all  liability  for  the  future  acts  as 
surety  on  said  bond. 

Wherefore  your  petitioner  prays  the  court  that  the  said , 

administrator  of  the  estate  of ,  deceased,  be  cited  to  appear 

before  your  honor,  at  such  time  as  to  your  honor  may  seem  fit,  and  then 
and  there  be  required  to  give  a  new  bond,  and  that  your  petitioner  be 
discharged  from  all  further  liability  for  the  future  acts  of  said  admin- 
istrator. 


R.  S.  Art.  1952   (1899). 

Citation  shall  issue  requiring  the  administrator  to  appear  before  said 
court  on  some  day  named  therein,  either  in  term  time  or  in  vacation, 
not  later  than  ten  days  from  the  date  of  such  citation,  and  five  days' 
service  thereof,  exclusive  of  the  day  of  service,  shall  be  sufficient. 

R.  S.  Art.  1953    (1900). 


Form  Book  —  4. 


50  TEXAS  CIVIL  FORM  BOOK. 

No.  68. 

FORM  OF  APPLICATION  FOR  NEW  BOND. 

Estate  of ,  Deceased ,  Administrator.     lu 

County  Court  of County,  Texas, Term,  A.  D.  19 .. 

To  the  Hon ,  Judge  of  said  Court: 

Now  comes  your  petitioner ,  of County,  Texas, 

and  respectfully  represents  to  the  court,  that  he  is  interested  in  and  a 

creditor  of  the  estate  of ,  deceased,  in  the  sum  of 

dollars;  and  that  by  an  order  of  this  court,  passed  at  a  regular  term 

thereof,  to  wit,  at  the term,  A.  D.  19. .,  letters  of  administration 

upon  said  estate  were  granted  to ,  upon  his  executing  a 

bond  for dollars,  for  the  faithful  performance  of  his  duties  as  ad- 
ministrator thereof,  that  the  appraised  value  of  said  estate,  as  appears 
from  the  inventory  and  appraisement  thereof,  now  on  file  in  said  court, 
amounts  to  ....  dollars,  and  that  said  bond,  not  being  in  a  sum  equal 
to  double  the  estimated  value  of  said  estate,  is  therefore  insufficient  (or, 
here  state  some  other  legal  grounds). 

Wherefore  your  petitioner  prays  the  court,  that  the  said , 

administrator  of  the  estate  of ,  deceased,  be  cited  to  appear 

before  your  honor,  at  such  time  as  to  your  honor  may  seem  fit,  and  show 
cause  why  he  should  not,  as  administrator  of  said  estate,  give  a  new  bond. 


R.  S.  Art.  1951    (1898). 

Any  person  interested  in  said  estate  may  demand  new  bond.  Citation 
shall  issue  to  said  administrator  to  appear  before  the  county  judge  on 
some  day  named  therein,  not  later  than  ten  days  from  the  date  of  such 
citation,  either  in  term  time  or  in  vacation,  and  five  days'  service  thereof, 
exclusive  of  the  day  of  service,  shall  be  sufficient. 

R.  S.  Art.  1953   (1900). 


No.  69. 
CITATION  FOR  NEW  BOND. 

Estate  of ,  Deceased.     In  the  County  Court  of 

County,  Texas. 

The  State  of  Texas,  to  the  Sheriff  or  any  Constable  of County — 

Greeting : 

You  are  hereby  commanded  to  summon ,  administrator 

of  the  estate  of ,  deceased,  to  be  and  appear  before  the 

county  judge  of County,  Texas,  at  the  courthouse  of  said  county 

in on  tKe  .  . . .  day  of ,  A.  D.  19 . .,  then  and  there  to  show 

cause  why  he  should  not  give  a  new  bond  as  administrator  of  said  estate. 


TEXAS  CIVIL  FORM  BOOK.  51 

Herein  fail  not,  but  of  this  writ  make  due  return,  showing  how  you 
have  executed  the  same. 

Witness  my  hand  and  official  seal  this  ....  day  of ,  A.  D.  19.  . 

(Seal.)  

Clerk  County  Court, County,  Texas. 

By ,  Deputy. 

R.  S.  Art.  1953   (1900). 


No.  70. 
FORM  OF  ORDER  REQUIRING  NEW  BOND. 

Estate  of ,  Deceased.    In  County  Court  of County, 

Texas,  this day  of ,  A.  D.  19. . 

This  day  came  on  to  be  heard  the  application  of ,  filed 

in  this  court  on  the  ....  day  of ,  A.  D.  19 .  .,  to  require , 

administrator  of  said  estate,  to  give  a  new  bond  as  such  administrator 
on  the  ground  that  the  bond  heretofore  given  by  him  is  insufficient;  aud- 
it appearing  to  the  court  that  the  said has  been  duly  cited 

as  required  by  law,  and  the  court,  having  inquired  into  the  reason  there- 
for,, is  satisfied  that  a  new  bond  should  be  required: 

It  is  therefore  ordered  by  the  court  that  the  said be  and 

is  hereby  required  to  give  a  new  bond  as  administrator  of  the  estate  of 

,  deceased,  in  the  sum  of dollars,  within  ....  days 

from  this  date  (within  twenty  days  from  date  of  order). 

R.  S.  Art.  1954   (1901). 


No.  71. 

ORDER  DISCHARGING  SURETY  ON  BOND. 

Estate  of ,  Deceased ,  Administrator.     In 

County  Court  of County,  Texas, Term,  A.  D. 

19..,  ....  day  of ,  A.  D.  19.. 

It  appearing  to  the  court  that ,  administrator  of  the 

estate  of ,  deceased,  has  given  and  filed  in  this  court  a  new 

bond  as  such  administrator,  in  accordance  with  the  order  of  this  court 

made  on  the  ....  day  of ,  A.  D.  19 .  . ,  within  the  time  required  by 

said  order,  and  approved  by  this  court  and  entered  upon  the  minutes 
thereof : 

It  is  therefore  ordered  by  the  court,  that  he,  the  said , 

surety  on  the  former  bond  of ,  as  the  administrator  of 

the  estate  of ,  deceased,  be  and  he  is  hereby  released  and 

discharged  from  all  liability  for  the  future  acts  of  said  administrator. 

R.  S.  Art.  1956  (1903). 


52  TEXAS  CIVIL  FORM  BOOK. 

No.  72. 
CLERK'S  NOTICE  TO  FILE  ACCOUNT. 

,  Texas, ,  19. . 

To ,  Administrator  of  the  Estate  of ,   De- 
ceased : 

You  are  hereby  notified  that  under  the  provisions  of  the  law  you  are 
required  to  make  a  report,  showing  the  condition  of  the  above  mentioned 
estate,  on  or  before  the  next  term  of  the  county  court,  to  be  held  at  the 

courthouse  in ,  Texas,  on  the  ....  Monday  in ,  A.  D.  19 .  . 

Should  you  fail  to  make  such  report  the  court  is  required  by  law  to 
cause  you  to  be  cited  by  the  sheriff,  and  additional  costs  will  be  incurred 
by  such  citation. 

Your  attention  is  respectfully  called  to  the  law  governing  estates,  in- 
dorsed on  the  back  hereof. 

Yours  truly, 


County  Clerk. 
By ,  Deputy. 

R.  S.  Art.  2193  (2138). 


No.  73. 

FORM  OF  ORDER  OF  REMOVAL  OF   ADMINISTRATOR  WITHOUT  NOTICE. 

No Estate   of ,   Deceased.     In   County   Court  of 

County,  Texas, Term,  A.  D.  19 ..     This day 

of ,  A.  D.  19.. 

It  appearing  to  the  court  that ,  who  was  heretofore,  on 

the  ....  day  of ,  A.  D.  19.  .,  appointed  by  this  court  adminis- 
trator of  the  estate  of ,  deceased,  has  neglected  to  qualify 

as  such  administrator  in  the  manner  or  within  the  time  required  by  law 
(here  state  the  grounds  of  removal) : 

It  is  therefore  ordered  by  the  court,  that  the  said be  and 

is  hereby  removed  from  the  administration  of  the  estate  of  the  said 
,  deceased,  as  administrator  thereof. 


County  Judge  of County. 

R.  S.  Art.  2026   (1973). 


TEXAS  CIVIL  FORM  BOOK.  53 

No.  74. 
FORM  OF  ORDER  OF  REMOVAL  OF  ADMINISTRATOR  WITH  NOTICE. 

No Estate  of    ,  Deceased.     In  County  Court  of 

County,  Texas, Term,  A.  D.  19. .  This day 

of ,  A.  D.   19.. 

This  day  came  on  to  be  heard  the  application  of for  the 

removal   of    from   the   administration   of  the   estate   of 

deceased,  as  administrator  thereof,  filed  in  this  court  on 

the  ....  day  of ,  A.  D.  19. .,  and  it  appearing  to  the  court  that 

the  said has  been  duly  cited  as  required  by  law,  and  it  ap- 

i  aring  to  the  court  from  the  evidence  that  the  said  has 

been  guilty  of  gross  neglect  (or,  mismanagement)  in  the  performance 
of  his  duty  as  such  administrator,  it  is  therefore  ordered  by  the  court 
that  he,  the  said ,  be  and  is  hereby  removed  from  the  ad- 
ministration of  the  estate  of  the  said ,  deceased,  as  admin- 
istrator thereof. 


County  Judge  of County,  Texas. 

R.  S.  Art.  2027   (1974). 


No.  75. 

FORM  OF  APPLICATION  TO  RESIGN  AS  ADMINISTRATOR. 

No Estate  of    ,  Deceased.     In  County  Court  of 

County,  Texas,  this  ....  day  of ,  A.  D.  19.  . 

To  the  Honorable  Judge  of  said  Court: 

Now  comes ,  administrator  of  said  estate,  and  states  to 

the  court  that  he  wishes  to  resign  as  such  administrator,  and  he  here 
now  files  with  this  application  a  full  and  complete  exhibit  of  the  con- 
dition of  said  estate,  together  with  his  administration  account,  both  veri- 
fied by  affidavit  as  required  by  law. 


Administrator. 
R.  S.  Art.  2030  (1977). 

A  full  and  complete  exhibit  of  the  condition  of  the  estate  together  with 
the  administration  account  of  the  administrator,  must  accompany  said 
application. 

Citation  shall  issue  returnable  to  some  regular  term  of  the  court  to 
all  persons  interested  in  said  estate  to  appear  and  contest  the  exhibit 
and  account,  and  shall  be  published  for  at  least  twenty  days  in  some 
newspaper  printed  in  the  county,  if  there  be  one;  if  not,  then  by  posting 
copies  thereof  for  a  like  period  in  the  manner  required  for  posting  other 
citations. 

R.  S.  Art.  2032  (1979). 


54 


TEXAS  CIVIL  FORM  BOOK. 


No.  76. 


FORM  OF  EXHIBIT  AND  ACCOUNT  OF  ADMINISTRATOR  ACCOMPANYING 
APPLICATION  TO  RESIGN. 

No Estate  of   ,  Deceased.     In  County  Court  of 

County,  Texas, Term,  A.  D.  19 .. 

To  the  Honorable ,  Judge  of  said  Court: 

, ,  administrator  of  the  estate  of ,  deceased, 

would  respectfully  present  herewith  a  full  and  complete  exhibit  of  said 
estate,  together  with  his  administration  account,  as  follows,  to  wit: 

MONEY   RECEIVED    SINCE   MY   APPOINTMENT. 

Date  On  What  Account  Eeceived  Amount 

„ 19 ..  To  proceeds  of  ....  acres  of  land  sold  to ....  $ 

19 ..  To  rents  on  said  land  for  year  19 $ 

19 ..  To  proceeds  ....  head  of  horses  sold  to ....  $ 

Total  Keceipts $ 

MONEY   EXPENDED   SINCE  MY    EMPLOYMENT. 

Date  On  -What  Account  Expended  Amount 

19. .  By  costs  of  court No.  1  $....,... 

, 19 ..  By  attorney's  fees $ 

19..  $, 

Total  Expenditures $ 

CLAIMS   ALLOWED  AND  UNPAID. 

Note  for  $ ,  in  favor  of ,  for ,  dated  .... 

day  of ,  A.  D.  19.  .,  allowed  .  .  day  of ,  19.  .,  with  .... 

interest  $ 

CLAIMS    REJECTED. 

(here  describe  claim)  not  sued  on $ 

CONDITION  OF  THE  AFFAIRS  OF  THE  ESTATE. 

Balance  in  money  on  hand $ 

Note  for  $ ,  dated day  of ,  A.  D.  19 .  .,  due 

....  day  of ,  A.  D.  19 . . ,  with per  cent  interest 

from  date  executed  by  ,   $ 

100   acres   of  land,   situated  in    County,   Texas,   a 

part    off    the     survey    and    now    rented    to 

for  year  19 . . ,  for  $ 

(Here  state  such  other  facts  that  may  be  necessary  to  show  the  exact 

•condition  of  said  estate.) 


TEXAS  CIVIL  FORM  BOOK.  55 

The  State  of  Texas,  County  of 

Before  me,  ,  a  notary  public  in  and  for  the  county  of 

,    and    State    of    Texas,    on    this    day    personally    appeared 

,  administrator  of  the  estate  of  ,  deceased, 

who,  having  been  by  me  duly  sworn,  on  his  oath  says  that  the  above  and 
foregoing  is  a  true  and  correct  exhibit  showing  fully  the  condition  of 
said  estate,  together  with  his  administration  account. 


Subscribed  and  sworn  to  before  me,  this  the  ....  day  of ,  A.  D. 

19 

(Seal.)  


No.  77. 

FORM  OF  ORDER  APPROVING  EXHIBIT  AND  ACCOUNT. 

Estate  of ,  Deceased.    In  County  Court  of County, 

Texas, Term,  A.  D.  19 ..  This day  of , 

A.  D.  19.. 

This  day  came  on  to  be  considered  the  application  of , 

administrator,  to  resign,  accompanied  by  an  exhibit  showing  the  condi- 
tion of  said  estate,  together  with  his  administration  account  duly  verified 
as  required  by  law;  and  it  appearing  to  the  court  that  due  notice  thereof 
has  been  given  as  the  law  requires,  and  the  court  having  examined  such 
exhibit  and  account,  and  heard  all  proof  that  was  offered  in  support  of 
the  same,  and  all  objections,  exceptions  and  proof  offered  against  the 
same,  it  appears  to  the  court,  that  he,  the  said ,  adminis- 
trator, has  accounted  for  all  of  said  estate  according  to  law,  it  is  there- 
fore ordered  that  said  exhibit  and  account  be  and  they  are  hereby  in  all 

respects  approved,  and  he,  the  said ,  is  hereby  directed  to 

deliver  the  estate  of  the  said ,  deceased,  remaining  in  his 

possession,  to ,  who  is  qualified  by  law  to  receive  it. 


County  Judge  of County,  Texas. 

R.  S.  Art.  2034   (1981). 


56  TEXAS  CIVIL  FORM  BOOK. 

No.  78. 
FORM  OF  ORDER  DISCHARGING  ADMINISTRATOR. 

Estate  of ,  Deceased.    In  County  Court County, 

Texas, Term,  A.  D.  19 .  .     This day  of ,  A.  D.  19 . . 

It  appearing  to  the  court  that  ,  administrator  of  said 

estate,  has  delivered  the  estate  of  the  said   ,  deceased,  in 

accordance  with  the.  order  of  this  court  made  on  the  ....  day  of , 

A.  D.  19.  .,  and  entered  upon  the  minutes  of  this  court,  to , 

and  has  produced  to  the  court  satisfactory  evidence  of  that  fact,  it  is 

therefore  ordered  that  the  resignation  of  him,  the  said   ; , 

administrator  of  said  estate,  be  and  it  is  here  now  accepted;  and  it  is 
also  ordered  that  he,  the  said  ,  be  and  he  is  hereby  dis- 
charged from  the  administration  of  said  estate  as  administrator  thereof. 


County  Judge  of County,  Texas. 

R.  S.  Arts.  2035-2036   (1982-1983). 


No.  79. 

FINAL  SETTLEMENT  OF  ESTATE. 
R.  S.  Art.  2190   (2135). 
FORM  OP  APPLICATION  OF  ADMINISTRATOR   FOR  FINAL  DISCHARGE. 

No Estate  of '.,  Deceased.     In  County  Court  of 

County,  Texas,   Term,  A.  D.  19.  . 

To  the  Honorable  Judge  of  said  Court : 

Now  comes ,  administrator  of  said  estate  and  represents 

to  the  court,  that  all  of  the  debts  of  every  kind,  known  to  your  peti- 
tioner, against  said  estate,  have  been  paid  (or  if  not  paid  then  state  have 
been  paid  so  far  as  the  assets  in  the  hands  of  your  petitioner  as  admin- 
istrator of  said  estate  will  permit,)  as  fully  appears  from  his  final  ac- 
count this  day  filed  herein  in  this  court,  verified  by  affidavit  as  required 
by  law. 

Wherefore  your  petitioner  prays  the  court  that  citation  issue  herein 
ap  required  by  law  for  the  next  term  of  this  court,  and  that  an  order  be 
made  and  entered  by  this  court  discharging  your  petitioner  from  all  and 
further  liability  and  trust,  as  administrator  of  said  estate,  and  declaring 
said  estate  to  be  closed,  etc. 


Administrator. 


TEXAS  CIVIL  FORM  BOOK.  57 

No.  80. 

FORM  OF  ANNUAL  ACCOUNT  OF  ADMINISTRATOR. 
(See  Xo.  370  under  Guardian  and  Ward.) 

Executors  and  administrators  shall  be  required  to  make  annual  ex- 
hibits under  oath,  fully  showing  the  condition  of  the  estate;  they  shall 
be  required  to  make  final  settlement  of  the  estates  they  represent  within 
three  years  from  grant  of  letters,  unless  the  time  be  extended  by  the 
court  after  satisfactory  showing  being  made  under  oath;  and  upon  failure 
in  either  case,  shall  be  removed  as  provided  in  article  2027. 

R.  S.  Art.  1875  (1822a). 


No.  81. 

FORM   OF   FINAL   ACCOUNT   OF   ADMINISTRATOR. 

Estate  of ,  Deceased.    In  County  Court  of County, 

Texas,   Term,  A.  D.  19 .. 

To  the  Honorable ,  Judge  of  said  Court : 

Xow  comes ,  administrator  of  the  estate  of , 

deceased,  and  respectfully  herewith  presents  his  final  account  with  said 
estate,  as  follows,  to  wit : 

1.  Since  he  qualified  as  said  administrator  the  following  property  be- 
longing to   said  estate  has  come  into  his  hands:   (here  mention  the 
property  as  follows) 

a.  Eeal  Estate. 

b.  Personal   Estate. 

c.  List  of  Claims. 

2.  He  has  disposed  of  the  following  property  belonging  to  said  estate, 
to  wit:    (here  describe  the  property  disposed  of). 

3.  He  has  paid  the  following  debts  against  said  estate:     (here  state 
the  debts  paid). 

4.  The  debt  and  expenses  still  owing  by  said  estate  are  as  follows, 
to  wit:    (here  state  the  debts  and  expenses  still  owing). 

5.  The  following  property  belonging  to  said  estate  still  remains  on 
hand:     (here  state  said  property). 

6.  The  persons  entitled  to  receive  said  estate,  and  the  amount  to 
which  each is  entitled,  are  as  follows: 

d ,  an  adult,  who  resides  in  the  county  of , 

State  of , ,  is  entitled  to  receive  $ 

e ,  a  minor,  who  resides  in  the  county  of  , 

State  of ,  and  whose  guardian  is ,  who  resides  in 

the  county  of ,  State  of ,  is  entitled  to  receive  $ 

7.  The  following  advancements  or  payments  have  been  made  by  me, 

as    administrator,    from      said    estate:      To    ,  an    adult, 

$ To   ,  guardian    of   ,  a    minor, 


58  TEXAS  CIVIL  FORM  BOOK. 

8.  I  herewith  present  proper  vouchers  in  support  of  each  item  of  this 
account,  and  ask  that  the  account  and  vouchers  .be  filed  with  the  clerk  of 
this  court. 

The  State  of  Texas,  County  of 

Before  me, ,  clerk  of  the  county  court  (or  notary  public, 

as  the  case  may  be)  of County,  Texas,  on  this  day  personally 

appeared ,  administrator  of  the  estate  of ,  de- 
ceased, who,  having  been  by  me  duly  sworn,  on  his  oath  says  that  the 
above  and  foregoing  account  contains  a  correct  and  complete  statement 
of  the  matters  to  which  it  relates. 


Subscribed  and  sworn  to  before  me,  this  ....  day  of ,  A.  D. 

19.. 

(Seal.) 

Clerk  of  County  Court  (or  Notary  Public)  of County,  Texas. 

R.  S.  Art.  2191    (2136). 

It  shall  be  sufficient,-  under  Art.  2191  (2136),  to  refer  to  the  inventory 
without  giving  each  item  in  detail;  also  to  refer  to  and  adopt  report  of 
sales,  exhibits  and  accounts  of  the  executor  or  administrator,  including 
vouchers  which  had  previously  been  approved  and  filed  according  to  law, 
without  restating  the  items  thereof. 

R.  S.  Art.  2192   (2137). 

Citation  shall  be  issued  by  the  clerk,  as  hereinafter  mentioned. 


No.  82. 

NOTICE  ON  ANNUAL  ACCOUNT. 

The  State  of  Texas,  to  the  Sheriff  or  any  Constable  of County — 

Greeting : 

You  are  hereby  commanded  to  cause  to  be  posted  for  twenty  days,  ex- 
clusive of  the  day  of  posting,  before  the  return  day  hereof,  on  the  court- 
house door  of  said  county,  a  copy  of  the  following  notice :  The  State  of 
Texas,  to  all  persons  interested  in  the  estate  of ,  deceased : 

,  administrator  of  said  estate,  has  filed  in  the  county 

court  of County,  Texas,  an  annual  exhibit  of  said  estate  for  the 

year  ending  on  the  ....  day  of ,  A.  D.  19.  .,  which  will  be  heard 

by  our  said  county  court  on  the  . .' . .  Monday  in ,  A.  D.  19. .,  the 

same  being  the  ....  day  of ,  A.  D.  19 .  .,  at  the  courthouse  of  said 

county  in ,  at  which  time  all  persons  interested  in  said  estate 

may  appear  and  contest  said  exhibit,  should  they  desire  to  do  so. 


TEXAS  CIVIL  FORM  BOOK.  59 

Herein  fail  not,  but  have  you  before  said  court  on  the  said  first  day 
of  the  next  term  thereof,  this  writ,  with  your  return  thereon,  showing 
how  you  have  executed  the  same. 

Witness, ,  Clerk  of  the  County  Court  of County. 

Given  under  my  hand  and  seal  of  said  Court,  at  office  in this 

the day  of  .*. ,  A.  D.  19.  . 


Clerk  County  Court, County,  Texas. 

By ,  Deputy. 

R.  S.  Art.  1875  (1822). 

Twenty  days'  notice  of  filing  exhibit  must  be  given. 
R.  S.  Art.  1876  (1823). 


No.  83. 

NOTICE  BY  PUBLICATION  OF  FINAL  ACCOUNT. 

The  State  of  Texas,  to  the  Sheriff  or  any  Constable  of County  — 

Greeting : 

,  administrator  of  the  estate  of ,  deceased, 

having  filed  in  our  county  court  his  final  account  of  the  condition  of  the 

estate  of  said ,  deceased,  together  with  an  application  to  be 

discharged  from  said  administration,  you  are  hereby  commanded,  that 
by  publication  of  this  writ  for  twenty  days  in  a  newspaper  regularly 

published  in  the  county  of you  give  due  notice  to  all  persons 

interested  in  the  account  for  final  settlement  of  said  estate,  to  file  their 

objections  thereto,  if  any  they  have,  on  or  before  the Term,  19. ., 

of  said  county  court,  commencing  and  to  be  holden  at  the  courthouse  of 

said  county,  in  the of on  the  ....  in ,  A.  D. 

19. .,  when  said  account  and  application  will  be  considered  by  said  court. 

Witness, ,  Clerk  of  the  County  Court  of County. 

Given  under  my  hand  and  seal  of  said  court,  at  my  office,  in  the  .... 
of this day  of ,  A.  D.  19 . . 


Clerk  County  Court, County. 

By ,  Deputy  Clerk. 

A  true  copy,  I  certify: 


Sheriff,   County. 

By  ,  Deputy  Sheriff. 

R.  S.  Art.  2194   (2139). 

Such  citation  shall  be  published  for  at  least  twenty  days  in  a  news- 
paper printed  in  the  county,  if  there  be  one;  if  not,  then  by  posting,  etc. 
R.  S.  Art.  2195  (2140). 


60  TEXAS  CIVIL  FORM  BOOK. 

No.  84. 

AFFIDAVIT   BY   PUBLISHER    OF   CITATION. 

The  State  of  Texas,  County  of 

Before  me,  the  undersigned  authority,  on  this  day  personally  appeared 

,  known  to  me,  who,  being  by  me  duly  sworn,  on  his  oath 

deposes  and  says  that  he  is  the  publisher  (or  printer)  of  the ,  a 

newspaper  published  in  said  county;  that  a  copy  of  the  within  and  fore- 
going citation  was  published  in  said  newspaper  for  at  least  twenty  days 
before  the  return  day  named  therein,  such  publication  being  on  the  fol- 
lowing dates :  (here  give  the  dates  of  said  publications),  and  a  newspaper 
copy  of  which  is  hereto  attached. 


Sworn  to  and  subscribed  before  me,  this  ....  day  of ,  A.  D. 

19.. 

(Seal.)  

Sheriff,   County,  Texas. 

R.  S.  Art.  2195  (2140). 


No.  85. 

SHERIFF'S  RETURN. 

Came  to  hand  on  the  ....  day  of ,   A.  D.  19.  .,  at  ....  o'clock 

a.  m.,  and  executed  on  the  ....  day  of ,  A.  D.  19.  .,  at  ....  o'clock 

a.  m.,  at ,  by  causing  a  true  copy  hereof  to  be  published  for 

twenty  days  before  the  return  day  hereof  in  the ,  a  newspaper 

published  at ,  in County,  Texas.  This  return  is  ac- 
companied by  the  affidavit  of  the  publisher  of  said  newspaper,  as  re- 
quired by  law.  The  distance  actually  traveled  in  the  execution  of  such 
process  is miles. 


Sheriff, County,  Texas. 

28th  Leg.,  Reg.  1903,  p.  81. 

Art.  4905  of  R.  S.  1895  is  so  revised  as  to  read  as  follows,  to  wit: 
Every  sheriff  and  deputy  sheriff  or  constable  shall  indorse  on  all  process 
and  precepts  coming  to  their  hands,  the  day  and  hour  on  which  they  re- 
ceived them,  the  manner  in  which  they  executed  them,  and  state  at  what 
time  and  place  the  process  was  served,  as  well  as  the  distance  actually 
traveled  in  serving  such  process  and  shall  sign  their  returns  officially. 


TEXAS  CIVIL  FORM  BOOK.  61 

No.  86. 

FORM  OF  ORDER  ON  FINAL  ACCOUNT  AND  AUDITING  SAME. 

No Estate  of  ,  Deceased.     In  County  Court  of 

County,  Texas,  Sitting  for  Probate  Purposes, 

..    Term,  A.  D.   19.. 

On  this  the  ....  day  of ,  A.  D.  19 .  .,  came  on  to  be  considered, 

in  the  administration  of  the  estate  of ,  deceased,  the  final 

account  of ,  administrator  of  said  estate;  and  it  appearing 

to  the  court  that  due  notice  has  been  given  of  the  filing  thereof  as  re- 
quired by  law,  the  court  proceeded  to  examine  the  said  account  and  the 
vouchers  accompanying  the  same  and  to  hear  all  exceptions  and  ob- 
jections thereto,  and  the  evidence  in  support  of  and  against  the  account, 
and,  having  fully  considered  the  same,  etc.  (the  court  should  re-state 
said  account,  if  necessary,  and  audit  and  settle  the  same.) 

R.  S.  Art.  2197    (2142). 

Upon  a  settlement  of  an  estate,  if  there  is  any  of  the  estate  remaining 
in  the  hands  of  the  executor  and  administrator,  and  the  heirs,  devisees 
or  legatees  of  the  estate,  or  their  assignee,  or  either  of  them,  are  present 
or  represented  in  court,  it  shall  be  the  duty  of  the  county  judge  to  order 
a  partition  and  distribution  of  the  estate  to  be  made  among  them,  upon 
satisfactory  proof  being  made  that  they  are  entitled  to  receive  it. 

R.  S.  Art.  2198  (2143). 

• 

If  upon  such  settlement  there  be  none  of  the  estate  remaining  in  the 
hands  of  the  executor  or  administrator,  he  shall  be  discharged  from  his 
trust  by  an  order  of  the  court  entered  upon  the  minutes,  and  such  order 
shall  declare  said  estate  closed. 

R.  S.  Art.  2199  (2114). 

Whenever  in  any  case  the  executor  or  administrator  has  fully  admin- 
istered the  estate  in  accordance  with  the  provisions  of  Title  39,  and  in 
accordance  with  the  order  of  the  court,  and  has  filed  proper  vouchers, 
it  shall  be  the  duty  of  the  court  to  enter  upon  the  minutes  an  order  dis- 
charging said  executor  or  administrator  from  his  trust  and  declaring 
said  estate  to  be  closed. 

R.  S.  Art.  2200   (2145). 


62  TEXAS  CIVIL  FORM  BOOK. 

ADMINISTRATION  OF  COMMUNITY  PROPERTY. 

R.  S.  Art.  2219-2238  (2164-2183). 

No.  87. 
FORM  OF  APPLICATION  FOR  COMMUNITY  ADMINISTRATION. 

Estate  of    ,  Deceased  (or  Insane).     In  County  Court  of 

County,  Texas,  this  ....  day  of ,  A.  D.  19 .  . 

To  the  Hon ,  Judge  of  said  court : 

Now  comes  your  petitioner,   .  . .  .,  who  resides  in  

County,  Texas,  the  husband  of ,  deceased  (or  insane),  and 

respectfully  shows  to  the  court  that  his  wife died  (or,  was  declared 

insane  by  the  county  court  of County,  State  of  Texas)  on  the 

....   day  of   ,  A.  D.  19 .  .,  at   ,  in   County, 

Texas. 

That  the  said left  surviving  her  the  following  children, 

to  wit: ,  a  girl,  ....  years  of  age,  and ,  a  boy> 

....  years  of  age,  both  of  whom  reside  in County,  Texas. 

That  there  is  a  community  estate  between  the  said ,  de- 
ceased (or  insane)  wife  and  myself. 

That  said  deceased  died  intestate  and  was,  at  the  time  of  her  death,  a 

resident  of  the  county  of and  State  of  Texas  (here  state  such 

facts  as  show  the  jurisdiction  of  the  court  over  the  estate). 

Wherefore  your  petitioner  asks  the  court  to  appoint  three  appraisers 
to  appraise  said  estate  as  in  other  administrations. 
(Seal.) 

R.  S.  Art.  2222   (2167). 


No.  88. 

FORM  OF  ORDER  APPOINTING  APPRAISERS. 

Estate  of   ,  Deceased  (or  Insane).     In  County  Court  of 

County,  Texas,  this  ....  day  of ,  A.  D.  19 . . 

It  is  hereby  ordered  by  the  court  that ,   . . . 

and ,  of ,.  .  county,  be  and  they  are  hereby  now  ap- 
pointed appraisers  to  appraise  the  community  estate  of  ,. 

deceased,  and  surviving  husband, ,. . . .  . 

(Seal.)  

County  Judge, County,  Texas. 

R.  S.  Art.  2223    (2168). 


TEXAS  CIVIL  FORM  BOOK.  63 

No.  89. 

FORM  OF  INVENTORY  AND  APPRAISEMENT. 

Estate    of ,    Deceased.      In    County    Court    of 

County,  Texas. 

INVENTORY,   APPRAISEMENT    AND    LIST   OF    CLAIMS    OF   THE    COMMUNITY. 

Estate    of    ,    Deceased^-  and    her    surviving    husband, 

,  produced  before  the  undersigned  appraisers  on  the  .... 

day  of ,  A.  D.  19.  .,  by ,  administrator  of  the  estate 

of ,  deceased. 

COMMUNITY    PROPERTY   OF    SAID    COMMUNITY    ESTATE. 

acres  of  land  situated  in   County,  Texas,  part  of 

the    league,     valued     at    $ , 

head   of  cattle   valued   at $ 

LIST  OF   COMMUNITY   DEBTS   DUE    SAID    ESTATE. 

Note  signed  by ,  dated ,  and  due 

with  interest  at  the  rate  of  ....  per  cent  per  annum  from  date,   for 


We,  the  undersigned  appraisers,  solemnly  swear  that  the  foregoing  is  a 
full,  fair  and'  complete  inventory  and  appraisement  of 'the  community 

estate  of ,  deceased,  and  surviving  husband, , 

and  list  of  all  community  debts  due  said  estate,  produced  before  us  by 
,  administrator.  


Sworn  to  and  subscribed  before  me,  this  ....  day  of  ,  A.  D. 

19..  

LIST  OF  INDEBTEDNESS  DUE  BY  SAID  ESTATE. 

One  promissory  note,  for  the  sum  of  $ ,  dated    , 

with  interest  at  the  rate  of  ...  per  cent  per  annum  from  date,  payable  to 

the  order  of  ,  whose  postoffice  address  is   , 

Texas. 

I  do  solemnly  swear  that  the  foregoing  inventory  and  appraisement 
and  lists  is  a  full,  fair  and  complete  inventory  and  appraisement,  list  of 

claims  and  list  of  indebtedness  of  said  community  estate  of , 

deceased,  and  myself,  that  have  come  to  my  knowledge. 


Sworn  to  and  subscribed  before  me,  this  ....  day  of ,  A.  D. 

19..  

R.  8.  Art.  2224   (2169)   amended  by  29th  Leg.,       Reg.  Ses.  (1905),  p.  33(5. 


64  TEXAS  CIVIL  FORM  BOOK. 

No.  90. 
FORM  OF  BOND  OF  SURVIVOR. 

Estate  of ,  Deceased.    In  County  Court  of County, 

Texas. 

Know    all  men    by    these    presents,    that    we,    ,  hus- 
band  of  the   said    ,   deceased    (or   insane),   as   principal, 

and and ".....,  as  sureties,  acknowledge  ourselves 

bound  to  pay  to ,  county  judge  of County,  Texas, 

the  turn  of dollars  (value  of  the  community  estate  as  shown  by 

the  appraisement),  conditioned  that  he,  ,  the  husband  of 

the  said ,  deceased  (or  insane),  will  faithfully  administer 

the  community  of  himself  and  the  said ,  his  deceased  (or 

insane)  wife,  and  pay  over  one-half  the  surplus  thereof,  after  the  pay- 
ment of  the  debts  with  which  the  whole  of  such  property  is  properly 
chargeable,  to  such  person'  or  persons  as  shall  be  entitled  to  receive  the 
same. 


(Seal.) 


Approved  this  ....  day  of ,  A.  D.  19.  . 

(Seal.)  

County  Judge  of County,  Texas. 

R.  S.  Art.  2225   (2170). 


No.   91. 

FORM   OF   ORDER  APPROVING  INVENTORY,  APPRAISEMENT   AND  LIST 
OF  CLAIMS  OF  COMMUNITY  ESTATE. 

R.  S.  Art.  2226   (2117). 

Estate  of ,  Deceased  (or  Insane).     In  County   Court  of 

County,  Texas, Term,  A.  D.  19.  .,  (or  in  Vacation). 

On  this  the  ....  day  of ,  A.  D.  19 .  .,  came  on  to  be  considered 

the  report  of  the  inventory,  appraisement  and  list  of  claims  of  the  com- 
munity estate  of  ,  deceased,  and  surviving  husband, 

,  made  by    and    ,  who  have 

heretofore  been  appointed  by  the  court  to  appraise  said  community  estate, 
and  the  court  having  examined  the  same,  it  is  ordered  by  the  court  that 
s?aid  report  be  and  it  is  hereby  in  all  respects  approved,  and  the  same 
together  with  this  order  is  ordered  recorded  upon  the  minutes  of  this 

court,  and  the  said   ,  as  the  survivor  of  said  community 

estate,  is  hereby  authorized  to  control,  manage  and  dispose  of  said  com- 
munity estate  in  accordance  with  the  provisions  of  the  Kevised  Statutes 
of  this  State. 


County  Judge  of County,  Texas. 


TEXAS  CIVIL  FORM  BOOK.  65 

When  the  above  order  has  been  entered,  such  survivor,  without  any 
further  action  in  the  county  court,  shall  have  the  right  to  control, 
manage  and  dispose  of  such  community  property,  real  or  personal,  in  such 
manner  as  may  seem  best  for  the  interest  of  the  estate  and  of  suing  and 
being  sued  with  regard  to  the  same,  in  the  same  manner  as  during  the 
lifetime  of  the  deceased,  and  a  certified  copy  of  said  order  of  the  court 
shall  be  evidence  of  the  qualification  and  right  of  such  survivor. 
R.  8.  Art.  2227  (2172). 

The  survivor  shall  keep  a  fair  and  full  account  and  statement  of  all 
community  debts  and  expenses  paid  by  him,  and  of  the  disposition  made 
of  such  community  property  (R.  S.  Art.  2228  (2173) ),  and  shall  pay  all 
just  and  legal  community  debts  as  soon  as  practicable,  and  according  to 
the  classification  and  in  the  order  prescribed  for  the  payment  of  debts 
in  other  administrations. 

R.  S.  Art.  2230  (2175). 


ATTACHMENTS. 

R.  S.  Arts.  186-216  (152-182). 

ATTACHMENTS    MAY    BE   ISSUED    BY    WHOM    AND    WHEN. 

The  judges  and  clerks  of  the  district  and  county  courts  and  justices 
of  the  peace  may  issue  writs  of  original  attachment,  returnable  to  their 
respective  courts,  upon  the  plaintiff,  his  agent  or  attorney,  making  an 
affidavit  in  writing,  stating: 

1.  That  the  defendant  is  justly  indebted  to  the  plaintiff  and  the 
amount  of  the  demand;  and 

2.  That  the  defendant  is  not  a  resident  of  the  State,  or  is  a  foreign 
corporation,  or  is  acting  as  such ;  or 

3.  That  he  is  about  to  remove  permanently  out  of  the  State,  and  has 
refused  to  pay  or  secure  the  debt  due  the  plaintiff;  or 

4.  That  he  secretes  himself  so  that  the  ordinary  process  of  law  can- 
not be  served  on  him;  or 

5.  That  he  has  secreted  his  property  for  the  purpose  of  defrauding 
his  creditors;  or 

6.  That  he  is  about  to  secrete  his  property  for  the  purpose  of  de- 
frauding his  creditors;  or 

7.  That  he  is  about  to  remove  his  property  out  of  the  State,  without 
If-aving  sufficient  remaining  for  the  payment  of  his  debts;  or 

8.  That  he  is  about  to  remove  his  property,  or  a  part  thereof,  out 
of  the  county  where  the  suit  is  brought,  with  intent  to  defraud  hi> 
creditors;  or 

9.  That  he  has  disposed  of  his  property,  in  whole  or  in  part,  with 
intent  to  defraud  his  creditors;  or 

Form  Book  —  5. 


66  TEXAS  CIVIL  FORM  BOOK. 

10.  That  he  is  about  to  dispose  of  his  property  with  intent  to  der 
fraud  his  creditors;  or 

11.  That  he  is  about  to  convert  his  property,  or  a  part  thereof,  into 
money,  for  the  purpose  of  placing  it  beyond  the  reach  of  his  credit- 
ors; or 

12.  That  the  debt  is  due  for  property  obtained  under  false  pretenses. 
R.  S.  Art.  186   (152). 

WHAT  FACTS  MUST  FURTHER  APPEAR. 

The  affidavit  shall  further  state : 

1.  That  the  attachment  is  not  sued  out  for  the  purpose  of  injuring 
or  harassing  the  defendant;  and 

2.  That  the  plaintiff  will  probably  lose  his  debt  unless  such  attach - 
inent  is  issued. 

R.  S.  Art.  187   (153). 

Not  to  issue  until  suit  begun.  No  such  attachment  shall  issue  until 
the  suit  has  been  duly  instituted,  but  it  may  be  issued  in  a  proper  case 
either  at  the  commencement  of  the  suit  or  at  any  time  during  its 
progress. 

R.  S.  Art.  188   (154). 


No.  92. 

AFFIDAVIT  FOR  ATTACHMENT  IN  JUSTICE  COURT. 

The  State  of  Texas,  County  of In  Justices'  Court,  Precinct 

No , County,  Texas, Term,  A.  D.  19 .. 

vs No 

Now  comes  ,  plaintiff  in  the  above  entitled  and  num- 
bered cause,  who,  being  duly  sworn,  deposes  and  says: 

First.  That  the  defendant  is  justly  indebted  to  him  upon  an  open 
account  in  the  sum  of dollars,  which  indebtedness  in  now  due. 

Second.  That  the  defendant  is  about  to  dispose  of  his  property  with 
intent  to  defraud  his  creditors. 

Third.  That  the  attachment  is  not  sued  out  for  the  purpose  of  in- 
juring or  harassing  the  defendant;  and  that  the  plaintiff  will  probably 
lose  his  debt  unless  such  attachment  is  issued. 


Sworn  to  and  subscribed  before  me,  the  ....  day  of ,  A.D.  19 .  . 

(Seal.)  

R.  S.  Arts.   168-187   (152-153). 


TEXAS  CIVIL  FORM  BOOK.  67 

No.  93. 

AFFIDAVIT  FOR  ATTACHMENT  IN  COUNTY  COURT. 

The  State  of  Texas,  County  of In  County  Court  of 

County,  Texas, Term,  A.  D.  19. . 

vs No 

Now  comes ,  who,  being  duly  sworn,  deposes  and  says, 

that  he  is  the  agent  (or  attorney,  as  the  ease  may  be)  of , 

plaintiffs  in  the  above  entitled  and  numbered  cause,  a  firm  composed  of 

and ;  that  defendants, ,  a  firm 

composed   of and ,   are  justly   indebted   to 

plaintiffs  in  the  sum  of dollars,  which  indebtedness  is  now  due; 

that  the  debt  is  due  for  property  obtained  under  false  pretenses;  that 
the  attachment  is  not  sued  out  for  the  purpose  of  injuring  or  harassing 
the  defendants;  and  that  the  plaintiffs  will  probably  lose  their  debt 
unless  such  attachment  is  issued. 


Agent  (or  Attorney)  for 

Sworn  to  and  subscribed  before  me,  this  ....  day  of ,  A.  D. 

19.. 

(Seal.)  

No.  94. 
AFFIDAVIT  FOR  ATTACHMENT. 

The  State  of  Texas,  County  of In Court  of 

County,  Texas,  Term,  A.  D.  19.  . 

vs No 

Now  comes ,  the  plaintiff  in  the  above  entitled  and 

numbered  cause,  who,  being  duly  sworn,  deposes  and  says: 

First.  That  the  defendant ,  is  justly  indebted  to  the 

said  plaintiff  in  the  sum  of dollars  and cents,  of  which  said 

indebtedness  the  sum  of dollars  is  already  due,  and  the  balance, 

amounting  to  the  sum  of dollars,  is  not  yet  due,  but  will  become 

due  on  the  ....  day  of ,  A.  D.  19.  . 

Second.  That  the  said  defendant  is  about  to  remove  permanently 
out  of  the  State,  and  has  refused  to  pay  or  secure  the  debt  due  the 
plaintiff. 

Third.  That  the  attachment  is  not  sued  out  for  the  purpose  of  in- 
juring or  harassing  the  defendant;  and  that  the  plaintiff  will  probably 
lose  his  debt  unless  such  attachment  is  issued. 


Sworn  to  and  subscribed  before  me,  this  ....  day  of ,  A.  D. 

19.. 

(Seal.)  


68  TEXAS  CIVIL  FORM  BOOK. 

The  writ  of  attachment  above  provided  for  may  issue,  although  the 
plaintiff's  debt  or  demand  be  not  due,  and  the  same  proceedings  shall 
be  had  thereon  as  in  other  cases,  except  that  no  final  judgment  shall  be 
rendered  against  the  defendant  until  such  debt  or  demand  shall  become 
due. 

K.  S.  Art.  189    (155). 


No.  95. 
AFFIDAVIT  FOR  ATTACHMENT  IN  DISTRICT  COURT. 

The  State  of  Texas,  County  of In  District  Court  of 

County,  Texas, Term,  A.  D.  19.  . 

vs No 

Now  comes ,  who,  being  duly  sworn,  deposes  and  says: 

First.  That  he  is  the  agent  of ,  plaintiff  in  the  above 

entitled  and  numbered  cause,  a  private  corporation  duly  and  legally  in- 
corporated under  and  by  virtue  of  the  laws  of  the  State  of  Texas,  hav- 
ing its  principal  office  in , County,  Texas. 

Second.  That and ,  partners  doing  busi- 
ness under  the  firm  name  of ,  are  justly  indebted  to  plain- 
tiff upon  an  open  account  in  the  sum  of dollars;  that  this  account 

is  dated ,  A.  D.  19 .  ,,  and  was  due  and  payable ,  A.  D.  19 .  ., 

and  is  now  due. 

Third.  That  defendants  are  further  justly  indebted  to  plaintiff  upon 
a  promissory  note  for  $ ,  dated ,  A.  D.  19.  .,  due  and  pay- 
able   ,  A.  D.  19.  .,  allowing  three  days  of  grace.  That  this  note 

bears  ....  per  cent  interest  per  annum  from  date  until  paid,  interest 
due  and  payable  annually.  This  note  also  calls  for  ....  per  cent  at- 
torney's fees  in  the  event  default  is  made  in  the  payment  of  same  at 
maturity,  and  it  is  placed  in  the  hands  of  an  attorney  for  collection,  or 
suit  is  brought  on  same ;  this  note  being  not  yet  due  and  payable,  plain- 
tiff does  not  claim  the  ....  per  cent  attorney's  fees  on  same. 

Fourth.  That  the  account  and  note  are  fully  set  out  in  plaintiff's 
original  petition,  and  reference  is  here  made  to  said  petition  for  a  full 
'  and  complete  description  of  said  account  and  note. 

Fifth.  That  the  defendants  have  secreted  their  property  for  the  pur- 
pose of  defrauding  their  creditors. 

Sixth.  That  this  attachment  is  not  sued  out  for  the  purpose  of  in- 
juring or  harassing  the  defendants;  and  that  the  plaintiff  will  probably 
lose  its  debt  unless  such  attachment  is  issued. 


Agent  for  the 

Sworn  to  and  subscribed  before  me,  this  ....  day  of ,  A.  D. 

19.. 
(Seal.) 


TEXAS  CIVIL  FORM  BOOK.  69 

No.  96. 

BOND  FOR  ATTACHMENT. 

vs N"o In  the Court  of 

County,  Texas. 

The  State  of  Texas,  County  of 

We,  the  undersigned,  ,  as  principal,  and 

and ,  as  sureties,  acknowledge  ourselves  bound  to  pay  to 

the  sum  of dollars,  conditioned  that  the  above 

bound ,  plaintiff  in  attachment  against  the  said 

,  defendant,  will  prosecute  his  said  suit  to  effect,  and 

that  he  will  pay  all  such  damages  and  costs  as  shall  be  adjudged  against 
him  for  wrongfully  suing  out  such  attachment. 

Witness  our  hands  this  ....  day  of ,  A.  D.  19 .  . 


Approved  this  ....  day  of ,  A.  D.  19.  . 

R.  S.  Art.  192  (158). 

Such  bond  shall  be  delivered  to  and  approved  by  the  officer  issuing  the 
writ,  and  shall,  together  with  the  affidavit,  be  filed  with  the  papers  of 
the  cause. 

R.  S.  Art.  191   (157). 

Plaintiff  must  give  bond  with  security:  Before  the  issuance  of  any 
writ  of  attachment  the  plaintiff  must  execute  a  bond,  with  two  or  more 
good  and  sufficient  sureties,  payable  to  the  defendant,  in  a  sum  not  less 
than  double  the  debt  sworn  to  be  due,  conditioned  that  the  plaintiff 
will  prosecute  his  suit  to  effect,  and  will  pay  all  such  damages  and 
costs  as  shall  be  adjudged  against  him  for  wrongfully  suing  out  such 
attachment. 

R.  S.  Art.  190  (156). 

1  *  • 

No.  97. 

BOND  FOR  ATTACHMENT  AGAINST   FIRM. 

vs In Court  of County, 

Texas. 

The  State  of  Texas,  County  of No 

We,  the  undersigned, and ,  composing  the 

firm  of ,  as  principals,  and and 

as  sureties,  acknowledge  ourselves  bound  to  pay  to and 

. ,  composing  the  firm  of ,  the  sum  of 


70  TEXAS  CIVIL  FORM  BOOK. 

dollars,     conditioned     that     the     above     bound,      and 

,  plaintiffs  in  attachment  against  said and 

,  defendants,  will  prosecute  their  said  suit  to  effect,  and 

that  they  will  pay  all  such  damages  and  costs  as  shall  be  adjudged 
against  them  for  wrongfully  suing  out  such  attachment. 

Witness  our  hands  this  the  ....  day  of ,  A.  D.  19.  . 


R.  8.  Art.  192  (158). 
Approved  this  the  ....  day  of ,  A.  D.  19. . 


R.  S.  Art.  191   (157). 


No.  98. 
WRIT  OF  ATTACHMENT. 

The  State  of  Texas.     To  the   Sheriff  or  any  Constable  of 

County,  Texas  —  Greeting: 

We  command  you,  that  you  attach  forthwith  so  much  of  the  property 

of ,  if  to  be  found  in  your  county,  repleviable  on  security, 

as  shall  be  of  value  sufficient  to  make  the  sum  of dollars,  and  the 

probable  costs  of  suit,  to  satisfy  the  demand  of ,  and  that 

you  keep  and  secure  in  your  hands  the  property  so  attached,  unless  re- 
plevied,  that  the  same  may  be  liable  to  further  proceedings  thereon,  to 

be  had  before  our  court  in ,  in  the  County  of ,  on  the 

....  day  of ,  A.  D.  19.  .,  when  and  where  you  shall  make  known 

how  you  have  executed  this  writ. 

Witness  my  hand  and  seal  of  said  court,  at  office  in  the  town  of 

, County,  Texas,  this,  the  ....  day  of ,  A.  D. 

19.. 

(Seal.)  

R.  b.  Art.  196  (162). 

OFFICER'S  RETURN  ON  SAID  WRIT. 

Came  to  hand  on  the  ....  day  of ,  A.  D.  19.  .,  and  at  .... 

o'clock  ....  m.,  and  executed  on  the  ....  day  of ,  A.  D.  19.  .,  at 

....  o'clock  ....  m,  at ,  in County,  Texas,  by  levying 

the  same  upon  and  taking  possession  of  the  following  described  personal 
property  (here  describe  the  property)  levied  upon  as  the  property  of 

,  defendant,  found  in  the  possession  of ,  and 

valued  by  me  at  the  sum  of dollars,  and  now  in  my  possession. 

The  distance  actually  traveled  in  the  execution  of  such  process  is  .... 

Witness  my  hand  this  the  ....  day  of ,  A.  D.  19 .  . 


Sheriff,   County,  Texas. 

R.   S.  Art.  211    (177). 


TEXAS  CIVIL  FORM  BOOK.  71 

Writ  should  be  returned  to  the  court  from  which  it  issued,  on  or 
before  the  first  day  of  the  next  term  thereof. 
R.  S.  Art.  210  (170). 

OFFICER'S  RETURN  —  PROPERTY  REPLEVIED  BY  DEFENDANT. 

Came  to  hand  on  the  ....  day  of ,  A.  D.  19 . . ,  at  . . . .  o'clock 

....  m.,  and  executed  on  the  ....  day  of ,  A.  D.  19 .  . ,  at  .... 

o'clock  . . .  m.,  at ,  in County,  Texas,  by  levying  the  same 

upon  and  taking  possession  of  the  following  described  personal  property 

(here  describe  the  property)  levied  upon  as  the  property  of 

defendant,  found  in  the  possession  of ,  and  valued  by  me 

at  the  sum  of  ....  dollars,  which  said  property  has  this  day  been  re- 

plevied  by ,  defendant,  who  this  day  gave  his  bond  in  the 

sum  of dollars,  with and as  sureties. 

The  distance  actually  traveled  in  the  execution  of  such  process  is  .... 
miles. 

Witness  my  hand  this  the  ....  day  of ,  A.  D.  19 .. 


Sheriff,   County,  Texas. 

R.  S.  Art.  211   (177). 


No.  99. 
OFFICER'S  RETURN— PROPERTY  IN  POSSESSION  OF  PART  OWNER. 

Came  to  hand  on  this,  the  ....  day  of ,  A.  D.  19.  .,  at  .  . 

o'clock  ....  m.,  and  executed  on  the  ....  day  of ,  A.  D.  19. .,  at. . 

o'clock  ....  m.,  at ,  in County,  Texas,  by  levying  the 

same  upon as  the  property  of ,  defendant,  a  half 

interest  in (here  describe  the  property),  valued  by  me  at  the 

sum  of dollars,  same  being  in  the  rightful  possession  of , 

part  owner  thereof,  of  which  the  said has  been  by  me  duly 

notified.  The  distance  actually  traveled  in  the  execution  of  such  process 
is  ....  miles. 

Witness  my  hand  this  the  ....  day  of ,  A.  D.  19 .  . 


R.  S.  Art.  2349  (2292). 

The  writ  of  attachment  shall  be  levied  in  the  same  manner  as  is  or 
may  be  the  writ  of  execution  upon  similar  property. 
R.  S.  Art.  201   (167). 

A  levy  upon  personal  property  is  made  by  taking  possession  thereof, 
when  the  defendant  in  execution  is  entitled  to  the  possession ;  where  the 
defendant  in  execution  has  an  interest  in  personal  property,  but  is  not 
entitled  to  the  possession  thereof,  a  levy  is  made  thereon  by  giving  notice 
thereof  to  the  person  who  is  entitled  to  the  possession,  or  one  of  them 
when  there  are  several. 


72  TEXAS  CIVIL  FORM  BOOK. 

No.  100. 

RETURN  OF  LEVY— STOCK  RUNNING  AT  LARGE. 

Came  to  hand  on  this,  the  ....  day  of ,  A.  D.  19. .,  at  .... 

o'clock  ....  m.,  and  executed  on  the  ....  day  of ,  A.  D.  19.  .,  at 

....  o'clock  ....  m.,  at ,  in Count}',  Texas,  by  levying 

the  same  upon,  as  the  property  of ,  defendant,   

head  of  stock  cattle,  running  at  large  on  the  range  in County, 

Texas,  and  bearing  the  mark  of .    (here  give  the  mark)  and 

branded  as  follows: (here  give  the  brand),  valued  by  me  at 

the  sum  of dollars.     Said  levy  was  made  in  the  presence  of 

and ,    credible   persons,    and   the   said 

,  defendant,  has  been  by  me  duly  notified  in  writing  of 

said  levy.    The  distance  actually  traveled  in  the  execution  of  such  proc- 
ess is  ....  miles. 

Witness  my  hand  this  the  ....  day  of ,  A.  D.  19.  . 


R.  S.  Art.  2350   (2293). 


No.  101. 

NOTICE  OF  FOREGOING  LEVY. 
The  State  of  Texas,  County  of To 

You  are  hereby  notified  that  by  virtue  of  an  attachment  lately  issued 

by ,  a  justice  of  the  peace  in  and  for  said  county,  in  favor 

of ,  against  you,  I  have  this  day  levied  on,  as  your  prop- 
erty,   head  of  stock  cattle  running  at  large  on  the  range  in  said 

county,  bearing  the  mark  of (here  give  the  mark),  and  the 

brand  of (here  give  the  brand). 

Witness  my  hand  this  the  ....  day  of ,  A.  D.  19 .  . 


R.  S.  Art.  2350  (2293). 

Levy  on  shares  of  stock  of  any  corporation  or  joint-stock  company  is 
made  by  leaving  a  notice  thereof  with  anv  officer  of  such  company. 
R.  S.  Art.  2351    (2294). 


TEXAS  CIVIL  FORM  BOOK.  73 

No.  102. 

RETURNS  OF  OFFICER— INTEREST  OF  PARTNER. 

Came  to  hand  on  the  ....  day  of ,  A.  D.  19. .,  at  . . . .  o'clock 

....  m.,  and  executed  on  the  ....  day  of ,  A.  D.  19. .,  at  . . 

o'clock  ....  m.,  at ,  in County,  Texas,  by  levying  the 

same  upon  the  interest  of ,  defendant,  in  the  property  be- 
longing to  the  firm  of ,  of County,  Texas,  by  leav- 
ing a  notice  thereof,  with .  .  .,  a  member  of  said  firm.  The 

distance  actually  traveled  in  the  execution  of  such  process  is  ....  miles. 

Witness  my  hand  this  the  ....  day  of ,  A.  D.  19 .  . 


R.  S.  Art.  2352  (2295). 


No.  103. 
WRIT   OF  ATTACHMENT   AGAINST  FIRM. 

The  State  of  Texas.     To  the  Sheriff  or  any  Constable  of 

County,  Texas  —  Greeting : 

We  command  you  that  you  attach  forthwith  so  much  of  the  property 

of and ,  individuals  composing  the  firm  of 

,  if  to  be  found  in  your  county,  repleviable  on  security, 

as  shall  be  of  value  sufficient  to  make  the  sum  of dollars,  and 

the  probable  costs  of  suit,  to  satisfy  the  demand  of and 

,  individuals  composing  the  firm  of ,  and  that 

you  keep  and  secure  in  your  hands  the  property  so  attached,  unless  re- 
plevied,  that  the  same  may  be  liable  to  further  proceedings  thereon,  to 

be  had  before  our  court  in ,  in  the  county  of ,  on  the 

....  day  of ,  A.  D.  19. .,  when  and  where  you  shall  make  known 

how  you  have  executed  this  writ. 

Witness  my  hand  and  seal  of  said  court,  at  office  in  the  town  of 

, County,  Texas,  this  the day  of ,  A.  D. 

19.. 

(Seal.)  

R.  S.  Art.  196   (162). 


No.  104. 
SHERIFF'S  RETURN. 


Came  to  hand  on  the  ....  day  of ,  A.  D.  19. .,  at  . . .  .  o'clock 

....  m.,  and  executed  on  the  ....  day  of ,  A.  D.  19. .,  at  . . 

o'clock  ....  m.,  at in County,  Texas,  by  levying  the  same 

upon  and  taking  possession  of  the  following  described  personal  property : 
(here  describe  the  property)  levied  upon  as  the  property  of 


74  TEXAS  CIVIL  FORM  BOOK. 

and ,    individuals    composing   the    firm    of 

,    defendants,    said   property   found  in   the  possession   of 

,  and  valued  by  me  at  the  sum  of dollars.    A  com-' 

plete  schedule  or  inventory  of  said  property  is  hereto  annexed  and  made 
a  part  of  this  return,  for  a  full  and  complete  description  and  valuation 
of  said  goods.  I  also  levied  upon  the  following  real  estate  as  the 
property  of  said  defendants,  which  real  estate  is  described  as  follows: 

(here  describe  the  same).     I  value  said  real  estate  at 

dollars.    I,  the  officer  levying  this  writ  of  attachment,  immediately  after 

said  levy  filed  with  the  county  clerk  of County,  Texas,  clerk  of 

the  county  in  which  said  real  estate  levied  upon  by  me  is  situated,  a 
copy  of  this  writ,  together  with  a  copy  of  so  much  of  this  return  as 
relates  to  the  land  levied  upon  in  said  county.     The  distance  actually 
traveled  in  the  execution  of  such  process  is  ....  miles. 
Witness  my  hand  this  the  ....  day  of ,  A.  D.  19.  . 


Sheriff  (or  Constable)  of County,  Texas. 

R.  S.  Art.  211  (177). 

The  writ  of  attachment  shall  be  levied  in  the  same  manner  as  is  or 
may  be  the  writ  of  execution  upon  similar  property. 
R,  S.  Art.  201   (167). 

•  •  « 

No.  105. 

AFFIDAVIT  FOR  ATTACHMENT  FOR  PROPERTY  OF  ESTATE. 

The  State  of  Texas,  County  of In  County  Court  of 

County,  Texas,  Term,  A.  D.  19.  . 

vs oSTo 

To   the   Honorable ,   County   Judge   of Count}', 

Texas : 

Now  comes  your  petitioner ,  and  respectfully  represents 

to  your  honor: 

First.  That  your  petitioner  is  interested  in  the  estate  of , 

deceased,  and  has  an  interest  in  the  same.  That  said  estate  consists  of 
(here  state  what  said  estate  consists  of). 

Second.  That  the  executor  (or  administrator,  as  the  case  may  be), 

of  said  estate,  to  wit,  ,  is  about  to  remove  said  estate  (or 

any  part  thereof)  beyond  the  limits  of  this  State.  That  this  estate  is 
now  in County,  Texas. 

Third.  That  the  attachment  is  not  sued  out  for  the  purpose  of  in- 
juring or  harassing  the  said ;  and  that  the  plaintiff  will 

probably  lose  his  interest  in  said  estate  unless  such  attachment  is 
issued. 

Sworn  to  and  subscribed  before  me  this  the  ....  day  of ,  A.  D. 

19.. 
(Seal.) 


TEXAS  CIVIL  FORM  BOOK.  75 

Whenever  complaint  in  writing,  under  oath,  shall  be  made  to  the 
county  judge,  by  any  person  interested  in  the  estate  of  a  decedent,  that 
the  executor  or  administrator  of  such  estate  is  about  to  remove  said 
estate  or  any  part  thereof  beyond  the  limits  of  this  State,  such  judge 
shall  have  power  to  order  a  writ  to  issue,  directed  to  the  sheriff  or  any 
constable  of  any  county  in  the  State,  commanding  him  to  seize  such 
estate,  or  any  part  thereof,  and  hold  the  same  subject  to  such  further 
orders  as  such  judge  may  make  on  such  complaint,  provided,  that  no 
such  writ  shall  issue  unless  the  complainant  shall  give  bond  with  two 
or  more  good  and  sufficient  sureties,  in  such  sum  as  the  said  judge  may 
require,  payable  to  the  executor  or  administrator  of  such  estate,  condi- 
tioned for  the  payment  of  all  damages  and  costs  that  may  be  recovered 
for  the  wrongful  suing  out  of  such  writ. 

R.  S.  Art.  1874  (1822). 


No.  106. 

BOND  FOR  ATTACHMENT  AGAINST  EXECUTOR. 
The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that,  whereas has  made 

complaint,  in  writing,  under  oath,  that is  executor  of  the 

estate  of ,  deceased ;  that  said ,*executor  afore- 
said, is  about  to  remove  said  estate  beyond  the  limits  of  this  State,  and 
has  applied  for  a  writ  to  issue  to  seize  said  estate:  Now  then, 
,  as  principal,  and and ,  as  sure- 
ties, acknowledge  ourselves  bound  to  pay  to ,  executor  of 

the  estate  of ,  deceased,  the  sum  of dollars  (amount 

fixed  by  the  county  judge),  conditioned  for  the  payment  of  all  damages 
and  costs  that  may  be  recovered  for  the  wrongful  suing  out  of  such  writ. 


R.  S.  Art.  1874  (1822). 


No.  107. 
ORDER  OF  COUNTY  JUDGE  TO  COUNTY  CLERK  TO  ISSUE  WRIT. 

The  State  of  Texas,   County  of To  the  County   Clerk  of 

County,  Texas. 

Whereas has  made  complaint,   in  writing  under  oath, 

that  he  is  interested  in  the  estate  of ,  deceased,  and  that 

is  the  executor  of  said  estate,  and  that  said , 

executor  aforesaid,  is  about  to  remove  said  estate  beyond  the  limits  of 


76  TEXAS  CIVIL  FORM  BOOK. 

this  State;  that  said  estate  is  now  in County,  Texas;  and  has 

given  bond  as  required  by  law : 

You  are  therefore  ordered  to  issue  a  writ  directed  to  the  sheriff  or 
any  constable  in  this  State  where  this  estate  may  be  found,  commanding 
him  to  seize  such  estate,  or  any  part  thereof,  and  hold  the  same  sub- 
ject to  such  further  order  as  I  may  make  on  such  complaint. 


County  Judge, Countv,  Texa?. 

R.  S.  Art.  1874  (1822). 


No.  108. 
WRIT  OF  ATTACHMENT  AGAINST  EXECUTOR. 

The  State  of  Texas.    To  the  Sheriff  or  any  Constable  of County, 

Texas  —  Greeting : 

In  compliance  with  the  order  of  the  honorable ,  County  Judge, 

County,  Texas,  we  command  you  that  you  seize  the  estate  of 

,  deceased,  of  which is  executor,  or  any  part 

thereof,  and  hold  the  same  subject  to  such  further  order  as  the  honor- 
able   ,  judge  aforesaid,  may  make.  (This  estate  consists 

of )   Herein  fail  not,  but  of  this  writ  make  due  return,  with 

your  indorsement  thereon  showing  how  you  have  executed  the  same. 

Given  under  my  hand  and  seal,  at  office  in  the  city  of , 

County,  Texas,  this  the  ....  day  of ,  A.  D.  19 ... 

(Seal.)  

OFFICER'S  RETURN. 

Came  to  hand  on  the  ....  day  of  ,  A.  D.  19.  .,  at  .  . .  .  o'clock 

.  . .  m.,  and  executed  on  the  same  day  at  ....  o'clock  .  .  .  m.,  at , 

in County,  Texas,  by  seizing (here  describe  the  prop- 
erty), found  in  the  possession  of ,  said seized 

by  me  as  belonging  to  the  estate  of ,  deceased.  I  hold 

said subject  to  such  further  order  as  the  honorable , 

County  Judge  of County,  Texas,  may  make.  The  distance 

actually  traveled  in  the  execution  of  such  process  is  ....  miles. 

"Witness  my  hand  this  the  ....  day  of ,  A.  D.  19.  . 


R.  S.  Art.  1874  (1822). 


TEXAS  CIVIL  FORM  BOOK.  77 

No.  109. 

BOND  OF  INDEMNITY  IN  ATTACHMENT. 
State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  we,  as  principal 

and as  sureties,  acknowledge  ourselves  to  owe,  and  be  in- 
debted to ,  sheriff  of County,  in  the  sum  of  .... 

dollars,  for  the  payment  of  which  sum  well  and  truly  to  be  made  to  the 

said ,  his  heirs  or  assigns,  we  do  bind  ourselves,  our  heirs, 

executors  and  administrators,  jointly  and  severally,  firmly  by  these 
presents. 

Signed  with  our  hands  this  ....  day  of ,  19.  . 

The  condition  of  the  above  obligation  is  such  that,  whereas,  on  the 

....  day  of ,  19.  .,  a  writ  of  attachment  was  issued  out  of  the 

Court  of County,  State  of  Texas,  in  favor  of 

against in  a  certain  suit  therein  pending  in 

which  the  said is  plaintiff,  and  the  said is 

defendant,  number  .  .  .  . ,  and  which  said  writ  of  attachment  has  been 
placed  in  the  hands  of  said  sheriff,  who  has  been  directed  by  the  said 

plaintiff to  levy  upon  certain  property  pointed  out  to  him 

by  said  plaintiff  as  the  property  of  the  said  defendant, and 

designated  as  follows,  to  wit :  (Here  describe  the  property.) 

Now  therefore  if  the  above  bounden shall  well  and  suffi- 
ciently indemnify,  save  and  keep  harmless,  the  said ,  sheriff 

as  aforesaid,  from  all  costs,  charges,  damages  and  suits  that  he  may  in- 
cur, or  become  liable  to  in  consequence  of  the  levy  of  the  said  attach- 
ment and  shall  pay  off,  cancel  and  discharge  all  judgments,  damages  and 

costs  that  may  be  rendered  against  said ,  sheriff,  by  reason 

of  said  levy  if  it  should  afterward  appear  that  the  property  levied  upon 
by  him  does  not  belong  to  the  defendant,  then  this  obligation  to  be  null 
and  void,  otherwise  to  remain  in  full  force  and  effect. 

Witness  our  signatures  this  ....  day  of ,  A.  D.  19. . 


R.  S.  Art.  199  (165). 


No.  110. 

RELEVY  BOND  IN  ATTACHMENT. 

Plaintiff,  vs Defendant.      No Tn 

Court  of County,  Texas. 

Whereas,  by  virtue  of  a  writ  of  attachment  issued  out  of  the  above 
named  court  (in  the  cause  therein  pending,  numbered  and  entitled  as 


78  TEXAS  CIVIL  FORM  BOOK. 

above)  and  bearing  date  the  ....  day  of ,  A.  D.  19.  .f 

,  the  sheriff  (or  constable,  as  the  case  may  be)  of  the 

county  of has  seized  and  taken  the  following  property  in  the 

possession  of  the  said ,  viz :  (here  describe  the  property), 

and  which  by  the  said has  been  appraised  at dollars; 

and  has  been  permitted  to  remain  in  the  hands  of  the  said 

Now  therefore  we,  the  said  as  principal,  and 

as  sureties,  acknowledge  ourselves  bound  to  pay  to 

plaintiff,  in the  sum  of dollars,  conditioned 

that  if  the  defendant  be  condemned  in  the  above  entitled  cause,  he  or 
some  other  person  will  return  the  specific  property  above  described,  to 
satisfy  the  judgment  which  may  be  rendered. 

Witness  our  hands  this  ....  day  of ,  A.  D.  19.  . 


Approved  this  ....  day  of ,  A.  D.  19 .  . 


Bond  must  be  signed  by  two  or  more  good  and  sufficient  sureties,  to  be 
approved  by  the  officer  who  levied  the  writ,  payable  to  the  plaintiff,  in 
double  the  amount  of  the  plaintiff's  debt,  or,  at  the  defendant's  option, 
for  the  value  of  the  property  replevied,  to  be  estimated  by  the  officer. 

R.  S.  Art.  204  (170). 


No.  111. 

APPLICATION  FOR  SALE  OF  PERSONAL  PROPERTY. 

The  State  of  Texas,  County  of 

In Court  of County,  Texas, Term,  A.  D. 

19.  .  (or  in  Vacation). 

vs No 

To  the  Honorable  Judge  of  said  Court: 

Now  comes ,  plaintiff  in  the  above  entitled  and  numbered 

cause,  and  respectfully  represents  to  your  honor  that  the  personal  prop- 
erty levied  upon  in  this  cause  has  not  been  claimed  or  replevied;  that 
said  property  is  in  danger  of  serious  and  immediate  waste  or  decay  (or 
that  the  keeping  of  the  same  until  the  trial  of  this  cause  will  neces- 


TEXAS  CIVIL  FORM  BOOK.  79 

sarily  be  attended  with  such  expense  or  deterioration  in  value  as  greatly 
to  lessen  the  amount  likely  to  be  realized  therefrom,  as  the  case  may  be). 
Wherefore  he  prays  your  honor  that  an  order  of  sale  issue  directing 
that  said  property  be  sold. 

Sworn  to  and  subscribed  before  me,  this  the  ....  day  of ,  A.  D. 

19.. 

(Seal.)  

R.  S.  Art.  205  (171). 


No.  112. 

OFFICER'S  RETURN—  PROPERTY  DELIVERED  TO  CLAIMANT. 

Came  to  hand  on  the  ....  day  of ,  A.  D.  19. .,  at  . . . .  o'clock 

....  m.,  and  executed  on  the  ....  day  of ,  A.  D.  19 ..   at  .... 

o'clock  ....  m.,  at ,  in County,  Texas,  by  levying  the 

same  upon  and  taking  possession  of  the  following  described  personal 
property (here  describe  the  property)  levied  upon  as  the  prop- 
erty of ,  defendant,  found  in  the  possession  of 

and  valued  by  me  at  the  sum  of dollars.    And  on  the  ....  day  of 

,  A.  D.  19.  .,  made  claim  to  said  property  (or  to 

the  goods,  wares  and  merchandise)  levied  upon  by  me  under  and  by 
virtue  of  this  writ  of  attachment,  and  made  oath  in  writing  of  his 
claim  to  said  property  (or  to  said  stock  of  goods),  and  gave  bond  for 

same,  with and as  sureties.    I  accepted  said 

oath  and  approved  said  bond,  and  forthwith  returned  said  oath  and 

bond  to  the Court  of County,  Texas.     The  distance 

actually  traveled  in  the  execution  of  such  process  is  ....  miles. 

Witness  my  hand  this  the  ....  day  of ,  A.  D.  19.  . 


Sheriff  (or  Constable)  of County,  Texas. 

R.  S.  Art.  203   (169). 

Any  person  other  than  the  defendant  may  claim  the  personal  property 
so  levied  on,  or  any  part  thereof,  upon  making  the  affidavit  and  giving 
bond  required  by  the  provisions  of  the  title  relating  to  the  trial  of  the 
right  of  property. 

R.  S.  Art.  5286  (4822). 

For  form  of  oath  and  bond,  see  Trial  of  Eight  of  Property. 


80  TEXAS  CIVIL  FORM  BOOK. 

No.  113. 

ORDER  OF  SALE— PERSONAL  PROPERTY. 

The  State  of  Texas,  County  of 


No vs. 

In Court  of County,  Texas, Term,  A.  D. 

39.  .  (or  in  Vacation). 

Whereas, ,  plaintiff  in  the  above  entitled  and  numbered 

cause,  has  made  application  for  an  order  of  sale  of  certain  personal 

property  levied  upon  by ,  sheriff  (or  constable)  of 

County,  Texas,  under  and  by  virtue  of  a  writ  of  attachment,  issued  out 

of  this  court  on  the  ....  day  of ,  A.  D.  19.  .,  in  the  above  entitled 

and  numbered  cause,  and  was  by  him  executed  on  the  .  . .  day  of ,  A. 

D.  19.  .,  By  levying  upon  the  property  hereinafter  described;  and  it  hav- 
ing been  made  to  appear  to  me  that  said  property  has  not  been  claimed  or 
replevied,  as  by  law  provided  in  such  cases,  and  that  said  property  is  in 
danger  of  serious  and  immediate  waste  or  decay  (or  that  the  keeping 
of  the  same  until  the  trial  of  this  cause  will  necessarily  be  attended  with 
such  expense  or  deterioration  in  value  as  greatly  to  lessen  the  amount 
likely  to  be  realized  therefrom,  as  the  case  may  be).  You  are  therefore 

hereby  commanded  to  advertise  for  sale  until  the  ....  of ,  A.  D. 

19..,  and  then  sell  on  that  day,   the  following  described  property: 

(here  describe  the  property) ;  said  advertisement  and  sale  to 

be  made  in  like  manner  as  provided  by  law  in  the  sale  of  personal  prop- 
erty under  execution;  and  to  return  the  proceeds  of  said  sale  within  five 

days  thereafter  to  the  clerk  of  the Court  of County, 

Texas.  Herein  fail  not,  but  of  this  order  make  due  return  as  the  law 
directs. 


Judge  of Court, County,  Texas. 

R.  S.  Art.  205  (171). 

Such  sale  shall  be  conducted  in  the  same  manner  as  sales  of  personal 
property  under  execution,  except  as  to  the  time  of  advertisement,  which 
may  be  fixed  by  the  judge  or  the  justice  for  a  shorter  period,  according 
to  the  exigency  of  the  case. 

R.  S.  Art.  207  (173). 


TEXAS  CIVIL  FORM  BOOK.  81 

No.  114. 

RETURN  OF  ORDER  SALE— PERSONAL  PROPERTY. 

Came  to  hand  on  the  ....  day  of ,  A.  D.  19. .,  at  . . . .  o'clock 

....  m.,  and  in  accordance  with  the  commands  in  this  order  of  sale,  the 

personal  property  levied  upon  by  me  in  the  cause  of v? 

,  was  by  me  sold  at  public  sale  to  the  highest  bidder  for 

cash  on  the  ....  day  of ,  A.  D.  19 . .,  at  . . . .  o'clock  ....  m.,  at 

,  in County,  Texas,  to  wit :  to ,  for  thp 

sum  of dollars.  That  hereto  attached,  made  a  part  hereof  and 

signed  by  me  officially,  is  a  statement  in  writing  filed  herewith,  stating 
the  time  and  place  of  said  sale,  the  name  of  the  purchaser,  the  amount 
received,  and  an  itemized  account  of  the  expenses  attending  the  sale. 
The  proceeds  of  said  sale  was,  within  five  days  after  said  sale,  to  wit, 

on  the  ....  day  of  ,  A.  D.  19. .,  paid  over  by  me,  the  officer 

making  the  sale,  to  the  clerk  of  the Court  of County, 

Texas  (or,  the  justice  of  the  peace,  as  the  case  may  be),  said  clerk  having 
issued  said  order  of  sale.  The  distance  actually  traveled  in  the  execution 
of  such  process  is  ....  miles. 

Witness  my  hand  this  the  ....  day  of ,  A.  D.  19 . . 


R.  S.  Art.  208   (174). 


No.  115. 
JUDGMENT  FOR  PLAINTIFF  IN   ATTACHMENT. 

.  vs.  .  .  No.  .          In  .        .  .  Court  of 


County,  Texas, Term,  A.  D.  19 .. 

On  this  the  ....  day  of ,  A.  D.  19 .  .,  came  the  parties  by  their 

attorneys,  in  the  above  entitled  and  numbered  cause,  and  announced 
ready  for  trial,  whereupon  came  a  jury  of  good  and  lawful  men,  to  wit : 

and  five  others,  who  being  duly  impaneled  and  sworn,  a 

true  verdict  to  render  according  to  the  law  and  the  evidence,  after  hear- 
ing the  pleadings,  the  evidence,  arguments  of  counsel  and  the  charge 
of  the  court,  retired  to  consider  of  their  verdict,  and  on  same  day  re- 
turned into  court  the  following  verdict,  to  wit :  "  We  the  jury  find  for 
the  plaintiff  in  the  sum  of dollars. ,  Foreman." 

It  is  therefore  ordered,  adjudged,  and  decreed  by  the  court,  that  the 

plaintiff, ,  do  have  and  recover  of  and  from  the  defendant, 

,  the  sum  of dollars,  together  with  his  costs  in  this 

behalf  expended,  for  which  execution  may  issue  (or,  if  tried  before  the 

court  without  a  jury,  "  On  this  the  ....  day  of ,  A.  D.  19 .  .,  came 

on  to  be  heard  the  above  entitled  and  numbered  cause,  both  plaintiff 
and  defendant  appeared  in  person  and  by  their  attorneys  and  announced 
ready  for  trial,  a  jury  having  been  waived,  the  same  was  submitted  to 
Form  Book  —  6. 


82  TEXAS  CIVIL  FORM  BOOK. 

the  court.  And  the  court,  after  hearing  the  pleadings,  the  evidence  and 
the  argument  of  counsel,  is  of  the  opinion  that  the  plaintiff  ought  to 
recover. 

It  is  therefore  ordered,  adjudged  and  decreed  by  the  court,  that  the 

plaintiff, ,  do  have  and  recover  of  and  from  the  defendant 

,  the  sum  of dollars,  together  with  his  costs  in  this 

behalf  expended,  for  which  execution  may  issue.") 

And  it  appearing  to  the  court  that  a  writ  of  attachment  heretofore 

issued  in  this  cause- was,  on  the  ....  day  of ,  A.  D.  19.  .,  by  the 

sheriff  of County,  Texas,  levied  upon  the  following  described 

property  of  the  defendant (here  describe  the  property)  valued 

at  the  sum  of dollars,  and  that  the  same*  was  replevied  by  the  de- 
fendant, who  on  the  ....  day  of ,  A.  D.  19.  .,  executed  his  replevy 

bond  therefor  in  the  sum  of  dollars,  with  ,  and 

,  as  sureties,  it  is  therefore  ordered,  adjudged  and  decreed 

by  the  court  that  said  attachment  lien,  as  it  existed  on  the  ....  day  of 

.......  A.  D.  19.  .,  be  and  the  same  is  hereby  foreclosed,  and  that  an 

order  of  sale  be  issued  commanding  the  sale  of  said  property,  or  so  much 
thereof  as  may  be  necessary  for  the  satisfaction  of  this  judgment.** 

It  is  further  ordered,  .adjudged  and  decreed  by  the  court  that  said 

plaintiff  have  and  recover  of  and  from  the  defendant 

,  and and ,  the  sureties  on  his 

replevy  bond,  the  sum  of dollars  (the  amount  of  the  judgment, 

interest  and  cost,  or  the  value  of  the  property  replevied  and  interest, 
according  to  the  terms  of  the  replevy  bond),  for  which  he  may  have  his 
execution. 

(If  the  property  has  been  delivered  to  a  claimant  under  the  statute 
for  the  trial  of  the  right  of  property,  proceed  from**  in  the  preceding 
form,  omitting  the  last  clause  from*  as  follows:)  was  delivered  to 

,  claimant,  who  on  the  ....  day  of ,  A.  D.  19 .  ., 

filed  with  said  officer  his  affidavit  and  bond,  with  and 

as  sureties,  for  the  trial  of  the  right  of  property,  which 

issue  is  pending  in  the court  of County,  Texas,  and 

undetermined,  between  plaintiff  and  the  said 

It  is  therefore  considered  by  the  court  that  said  attachment  lien  be 
foreclosed,  subject  to  the  judgment  rendered  in  said  suit  for  the  trial 
of  the  right  of  property,  and  that,  should  said  claimant  fail  to  establish 
his  right  thereto,  the  clerk  of  this  court  shall  issue  an  order  of  sale 
directed  to  the  proper  officer,  commanding  him  to  sell  the  above  de- 
scribed property,  or  so  much  thereof  as  may  be  sufficient,  for  the  satis- 
faction of  the  judgment  rendered  in  this  cause. 

R.  S.  Art.  214  (180). 

When  an  attachment  issued  from  a  county  or  justice  court  has  been 
levied  upon  land,  no  order  or  decree  foreclosing  the  lien  thereby  shall 
be  necessary,  but  the  judgment  shall  briefly  recite  the  issuance  and  levy 
of  such  attachment,  and  such  recital  shall  be  sufficient  to  preserve  such 


TEXAS  CIVIL  FORM  BOOK.  83 

lien.  The  land  so  attached  may  be  sold  under  execution  after  judgment 
and  the  sale  thereof  shall  vest  in  the  purchaser  all  the  estate  of  the  de- 
fendant in  attachment  in  such  land,  at  the  time  of  the  levy  of  such  writ 
of  attachment. 

ATTACHMENT   TO   BE    RECORDED,   WHEN. 

Whenever  an  attachment  is  levied  upon  real  estate  the  officer  levy- 
ing the  same  shall  immediately  file  with  the  county  clerk  of  the  county 
or  counties  in  which  the  real  estate  so  levied  upon  is  situated,  a  copy 
of  the  writ,  together  with  a  copy  of  so  much  of  his  return  as  relates 
to  the  land  in  said  county.  Said  clerk  shall  enter  in  a  book  to  be 
kept  for  that  purpose,  the  names  of  the  plaintiffs  and  defendants  in 
attachment,  the  amount  of  the  debt  and  the  return  of  the  officer  in 
full.  Should  the  writ  of  attachment  be  quashed  or  otherwise  vacated, 
the  court  in  which  the  attachment  suit  is  pending  shall  cause  a  cer- 
tified copy  of  said  order  to  be  sent  to  the  county  clerk  of  the  county 
or  counties  in  which  the  real  estate  levied  upon  is  situated.  Said  clerk 
shall  upon  the  receipt  of  the  same,  etc. 
R.  S.  Art.  4669. 


ABSTRACT  OF  JUDGMENT. 

R.  S.  Arts.  3283-3293  (3153-3163). 

NO.   116. 
ABSTRACT  OF  JUDGMENT. 

The  State  of  Texas,  County  of 

At  a  term  of  the court  begun  and  holden  at ,  within 

and  for  the  county  of   ,  by  the  Hon ,  judge 

thereof,  in  a  cause  numbered  ....  on  the  docket  of  said  court  wherein 

was  plaintiff  and was  defendant,  a  judgment 

was  rendered  on  the  ....  day  of  .......  A.  D.  19. .,  in  favor  of  the  said 

and  against  the  said for  the  sum  of 

dollars,  with  interest  thereon  at  the  rate  of  ....  per  cent  per  annum 

from  date,  and  the  further  sum  of dollars,  costs  of  suit;  and  there 

still  remains  due  on  said  judgment  the  said  sum  of dollars,  with 

interest  and  costs,  as  aforesaid  (or  state  the  amount  remaining  due). 

I,  ,  clerk  of  the  Court  of County, 

Texas,  do  hereby  certify  that  the  above  and  foregoing  is  a  true  and  cor- 
rect abstract  of  a  certain  judgment  rendered  in  said  court,  at  the  . . 

Term,  A.  D.  19.  .,  in  cause  No in  favor  of ,  plaintiff, 

against ,  defendant,  as  the  same  appears  from  the  minutes 

of  said  court,  in  volume  ....  on  page  .... 

Witness  my  hand  and  the  seal  of  said  court  this  ....  day  of , 

A.  D.  19.. 


Clerk  of Court, County. 

R.  S.  Art.  3285  (3155). 


84  TEXAS  CIVIL  FORM  BOOK. 

No.  117. 

CERTIFICATE  OF  COUNTY  CLERK   ON  SAID  ABSTRACT  OF  JUDGMENT. 

The  State  of  Texas,  County  of  ......... 

I, ,  county  clerk  of County,  do  hereby  certify 

that  this  abstract  of  judgment  was  filed  for  record  in  my  office  the  .... 

day  of ,  A.  D.  19 . .,  at  .  . . .  o'clock  ....  m.,  and  was  immediately 

recorded  the  ....  day  of ,  A.  D.  19. .,  at o'clock  . . .  .m., 

in  the  judgment  records  of  said  county  in  volume  ....  on  page  . . . .,  and 
was  also  at  the  same  time  entered  upon  the  index  to  said  judgment 
record,  showing  the  names  of  each  plaintiff  and  each  defendant  in  said 
judgment,  and  the  numbers  of  the  pages  of  the  book  upon  which  said 
abstract  is  recorded. 

Witness  my  hand  and  seal  of  office  this  the  ....  day  of  , 

A.  D.  19.. 


County  Clerk,  County,  Texas. 

By ,  Deputy. 

R.  S.  Art.  3287  (3157). 

When  any  judgment  has  been  recorded  and  indexed,  as  provided  by 
law,  it  shall  from  the  date  of  such  record,  and  index,  operate  as  a  lien 
upon  all  of  the  real  estate  of  the  defendant  situated  in  the  county  where 
such  record  and  index  are  made,  and  upon  all  real  estate  which  the  de- 
fendant may  thereafter  acquire  situated  in  said  county. 

R.  S.  Art.  3289   (3159). 

When  said  lien  has  been  acquired  as  provided  by  law,  it  shall  continue 
for  ten  years  from  the  date  of  such  record  and  index,  unless  the  plaintiff 
shall  fail  to  have  execution  issued  upon  his  judgment  within  twelve 
months  after  the  rendition  thereof,  in  which  case  said  lien  shall  cease 
to  exist. 

R.  S.  Art.  3290  (3160). 

Any  judgment  rendered  in  this  State  by  any  United  States  court  may 
be  abstracted  and  recorded  in  the  same  manner  as  above  provided. 
R.  S.  Art.  3293   (3163). 


TEXAS  CIVIL  FORM  BOOK.  85 

ATTESTATION  OF  RECORDS. 

No.  118. 
OF  A  COURT  OF  ANY  STATE  TO  BE  USED  IN  ANOTHER  STATE. 

The  State  of  Texas,  County  of 

1,  ,  clerk  of  the  Court  of  said  county  of 

,  in  the  State  of ,  do  hereby  certify  that  the  within 

and  preceding  ....  pages  contain  a  full,  complete,  true  and  exact  copy 
of  the  proceedings  in  a  cause  of  record  in  the  office  of  said  court  in  favor 
of ,  plaintiff,  against ,  defendant. 

Given  under  my  hand  and  seal  of  office,  at  office  in  said  county  of 
,  this day  of ,  A.  D.  19 . . 


Clerk  of Court, County,  Texas. 


No.  119. 

JUDGE'S  CERTIFICATE. 

The  State  of  Texas,  County  of 

I, ,  judge  of  the Judicial  District  of  the  State 

of  Texas,  presiding  in  the  county  of ,  do  hereby  certify  that 

,  whose  name  appears  to  be  signed  to  the  above  certificate, 

is,  and  was  at  the  time  of  signing  the  same,  the  clerk  of  said  district 
court  therein  mentioned,  and  as  such  was  the  proper  person  to  make 
said  certificate,  and  that  the  same  is  in  due  form. 

Given  under  my  hand  officially  this  ....  day  of .,  A.  D.  19 .. 


Judge  of Judicial  District  of  State  of  Texas. 


86  TEXAS  CIVIL  FORM  BOOK. 

ASSIGNMENTS  FOR  CREDITORS. 

R.  S.  Arts.  71-86. 

No.  120. 

ASSIGNMENT  UNDER  THE  STATUTE  FOR  THE  BENEFIT  OF  CREDITORS. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  this  agreement,  made  and 

entered  into  this   ....    day  of   ,  A.  D.  19..,  by  and  between 

,  party  of  the  first  part,  and ,  party  of  the 

second  part,  all  of  the  county  of ,  State  of  Texas,  witnesseth; 

whereas,  the  said    is  justly  indebted  in  divers  sums  of 

money  which  he  is  unable  to  pay  in  full  to  different  creditors,  whose 
names  are  stated  in  the  annexed  list,  and  he  desires  to  make  a  fair  dis- 
tribution of  his  property  and  assets  among  such  of  his  creditors  as  will 
consent  to  accept  their  proportional  share  of  his  estate,  and  discharge 
him  from  their  respective  claims  in  accordance  with  the  provisions  of 
the  statute: 

Now  therefore,  in  consideration  of  the  premises,  and  of  the  sum  of 

one  dollar  to  him  in  hand  paid,  by  the  said ,  the  receipt  of 

which  is  hereby  acknowledged,  the  said  doth  by  these 

presents   bargain,    sell,    release,    convey   and   set    over   unto    the    said 

all  his  real  and  personal  estate,  other  than  that  which  is 

by  law  exempt  from  execution. 

To  have  and  to  hold  unto  him,  the  said  ,  and  his  suc- 
cessors, in  trust  for  the  benefit  of  creditors  of  the  said  

aforesaid.    And  the  said on  his  part  covenants  and  agrees 

faithfully  to  perform  his  duties  as  assignee  in  accordance  with  the  stat- 
ute concerning  assignments  for  the  benefit  of  creditors. 

In  testimony  whereof  we  have  hereunto  set  our  hands,  this  ....  day 
of ,  A.  D.  19.. 


R.  S.  Art.  73. 

ACKNOWLEDGMENT. 

The  State  of  Texas,  County  of 

Before  me  the  undersigned  authority  on  this  day  personally  appeared 

and ,  each  known  to  me  (or  proved  to  me  on 

the  oath  of )  to  be  the  persons  whose  names  are  subscribed 

to  the  above  and  foregoing  instrument  in  writing,  and  acknowledged  to 
me  that  they  executed  the  same  for  the  purposes  and  consideration 
therein  expressed. 

Given  under  my  hand  and   seal   of  office   this  ....  day  of , 

A.  D.  19.. 

(Seal.)  

R.  S.  Art.  72. 


TEXAS  CIVIL  FORM  BOOK.  87 

No.  121. 

INVENTORY  OF  DEBTOR'S  ESTATE. 

INVENTORY  OF  THE  ESTATE,  BOTH  REAL  AND  PERSONAL,  OF 

ASSIGNOR,    GIVING   A    TRUE    STATEMENT    OF    THE    PROPERTY 
ASSIGNED  BY  HIM. 

The  State  of  Texas,  County  of 

Real  estate   (here  describe  each  piece  of  real  estate  fully). 

Personal  property (here  describe  the  same). 

Notes,  as  follows: (here  describe  the  same). 

Accounts (here  describe  same,  giving  names  of  debtor  and 

amounts  due). 

Merchandise (here  give  full  inventory  of  same). 

LIST   OF    CREDITORS. 

(here  give  the  names  and  residence  of  each  creditor  and 

the  nature  of  each  debt  or  demand). 

The  State  of  Texas,  County  of 

I,   ,  do  solemnly  swear  that  the  foregoing  inventory  is 

in  all  respects  just  and  true  according  to  the  best  of  my  knowledge  and 
belief. 


Sworn  to  and  subscribed  before  me,  under  my  official  hand  and  seal, 

this day  of ,  A.  D.  19.. 

(Seal.)  

R.  S.  Art.  72. 

The  inventory  shall  contain, 

1.  A  full  and  true  account  of  all  the  creditors  of  such  debtor  or 
debtors. 

2.  The  place  of  residence  of  each  creditor  if  known  to  such  debtor 
or  debtors,  and  if  not  known,  that  fact  to  be  so  stated. 

3.  The  sum  owing  to  each  creditor,  and  the  nature  of  each  debt  or 
demand,    whether   arising  on   written    security   account   or   otherwise 
executed. 

4.  The  true  cause  and  consideration  of  such  indebtedness  in  each 
case,  and  the  place  where  such  indebtedness  arose. 

5.  A  statement  of  any  existing  judgment,   mortgage,   collateral   or 
other  security  for  the  payment  of  any  such  debt. 

6.  A  full  and  true  inventory  of  all  such  debtors  estate  at  the  date 
of  such  assignment,  both  real  and  personal,  in  law  or  in  equity,  and  the 
incumbrances  existing  thereon,  and  of  all  vouchers  and  securities  re- 
lating thereto,  and  the  value  of  such  estate  according  to  the  best  knowl- 
edge of  such  debtor  or  debtors. 


88  TEXAS  CIVIL  FORM  BOOK. 


7, 


L  An  affidavit  shall  be  made  by  such  debtor  or  debtors,  and  annexed 
to  and  delivered  with  such  inventory  or  schedule,  that  the  same  is  in  all 
respects  just  and  true  according  to  the  best  of  such  debtor  or  debtors' 
knowledge  and  belief. 
R.  S.  Art.  72. 


No.  122. 
BOND  OF  ASSIGNEE. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  we, as  principal, 

and and ,  as  sureties,  are  held  and  firmly 

bound  unto  the  State  of  Texas,  in  the  penal  sum  of  ....  dollars,  to 
the  payment  of  which  we  bind  ourselves,  our  heirs,  executors  and  ad- 
ministrators. 

The  condition  of  this  obligation  is  such,  that  whereas 

has,  by  his  certain  deed  of  assignment,  bearing  date  of  the  ....  day  of 

,  A.  D.  19..,  conveyed  all  his  property  to  the  above  bound 

for  the  benefit  of  accepting  creditors,  under  and  by  virtue 

of  the  laws  of  this  State  relating  to  assignments  for  the  benefit  of  credit- 
ors, now,  if  the  said shall  faithfully  discharge  his  duties 

as  such  assignee,  and  shall  make  proportional  distribution  of  the  net- 
proceeds  of  the  assigned  estate  among  the  creditors  entitled  thereto, 
then  this  obligation  shall  be  void,  otherwise  to  remain  in  full  force  and 
effect. 

Witness  our  hands  this  ....  day  of ,  A.  D.  19 .  . 


R.  S.  Art.  76. 


No.  123. 

NOTICE  TO  CREDITORS. 

The  State  of  Texas,  County  of 

To  the  Creditors  of    You  are  hereby  notified  that 

,   of  the   county   of ,    on   the  ....  day   of  .  . . . , 

A.  D.  19..,  executed  a  deed  of  assignment,  conveying  to  the  under- 
signed all  of  his  property  for  the  benefit  of  such  of  his  creditors  as  will 
consent  to  accept  their  proportional  share  of  his  estate  and  discharge  him 
from  their  respective  claims,  and  that  the  undersigned  accepted  said 
trust,  and  has  duly  qualified  as  required  by  law. 


TEXAS  CIVIL  FORM  BOOK.  89 

AH  creditors  consenting  to  said  assignment  must,  within  four  months 
after  the  publication  of  this  notice,  make  known  to  the  assignee  their 
consent  in  writing,  and  within  six  months  from  the  date  of  this  notice 
file  their  claim,  prescribed  by  law,  with  the  undersigned,  who  resides 
at ,  Texas,  which  is  also  his  postoffice  address. 

Witness  my  hand  this  ....  day  of ,  A.  D.  19 .  . 


R.  S.  Art.  74. 

This  notice  should  be  published  in  some  newspaper  printed  in  the 
county  where  the  assignor  resides,  within  thirty  days  after  the  execution 
of  the  assignment,  for  three  successive  weeks,  and  -so  far  as  he  can,  the 
assignee  shall  also  give  personal  notice,  or  notice  by  mail,  to  each  of  the 
creditors  of  the  assigning  debtor. 


No.   124. 
NOTICE  OF  ACCEPTANCE  BY  CREDITOR. 

The  State  of  Texas,  County  of 

To ,  Assignee  of You  are  hereby  notified 

that  the  said ." ,  assignor,  is  indebted  to  me  in  the  sum  of 

dollars,  and  I  hereby  consent  to  accept  my  proportional  share 

of  his  estate,  and  discharge  him  from  said  respective  claim,  as  made  and 
provided  for  by  the  statute  in  such  cases. 


Notice  of  acceptance  should  be  given  within  four  months  after  the 
publication  of  notice  of  assignment. 
K.  S.  Art.  75. 


90  TEXAS  CIVIL  FORM  BOOK. 

No.  125. 

CREDITOR'S  CLAIM. 


............  ,  Assignee, 

To 


dollars. 

.  .  .  .  (here  set  forth  the  claim). 


AFFIDAVIT   TO   CLAIM. 

I,   ,  do  solemnly  swear  that  the  foregoing  statement  is 

true,  that  the  debt  is  just,  and  that  there  are  no  credits  or  offsets  that 
should  be  allowed  against  the  claim,  except  as  shown  by  the  statement. 


Sworn  to  and  subscribed  before  me,  under,  my  official  hand  and  seal 

this day  of ,  A.  D.  19.. 

(Seal.)  

K.  S.  Art.  78. 

Statement  of  creditor's  claim  should  be  filed  with  the  assignee  within 
six  months  after  the  publication  of  notice  of  assignment. 


ASSIGNMENT  OF  ACCOUNTS,  JUDGMENTS,  ETC. 

No.  126. 
ASSIGNMENT  INDORSED  ON  INSTRUMENT. 

The  State  of  Texas,  County  of 

For  and  in  consideration  of  the  sum  of dollars  to  me  in  hand 

paid  by ,  I  hereby  assign  all  my  right,  title  and  interest 

in  the  within  instrument  to  him,  the  said ,  and  his  assigns. 

Witness  my  hand  this  ....  day  of ,  A.  D.  19. . 


R.  S.  Art.  208  (266). 


No.  127. 

ASSIGNMENT  OF  INSTRUMENT,  WITH  GUARANTY  OF  PAYMENT. 

For  a  valuable  consideration  I  assign  the  within  obligation,  and  all 

moneys  due  thereon,  to ,  hereby  guarantying  the  payment 

of  the  same  to  him  or  his  assigns. 

Witness  my  hand  this  ....  day  of ,  A.  D.  19.  . 


TEXAS  CIVIL  FORM  BOOK.  91 

No.  128. 

ASSIGNMENT  OF  OBLIGATION  WITHOUT  GUARANTY  OF  PAYMENT. 

For  value  received  I  hereby  assign  the  within  obligation,  and  all 
moneys  due  thereon,  to ,  not  holding  myself  liable  in  any- 
wise for  the  payment  of  the  same. 

Witness  my  hand  this  ....  day  of ,  A.  D.  19.  . 


No.  129. 
ASSIGNMENT  OF  AN  ACCOUNT. 

The  State  of  Texas,  County  of 

For  and  in  consideration  of  the  sum  of dollars  to  me  in  hand 

paid  by  ......  I  hereby  assign  and  transfer  to  the  said 

the  account  annexed  hereto  against  ,  of 

County,  Texas,  all  my  right,  title,  interest  in  and  to  the 

same  with  full  power  and  authority  to  collect  and  receipt  therefor. 

And  I  guaranty  to  said that  said  account  is  just  and  due, 

and  that  I  have  not  received  or  discharged  the  same  or  any  part  thereof. 

Witness  my  hand  this  ....  day  of ,  A.  D.  19.  . 


No.  130. 
ASSIGNMENT  OF  BOND  BY  A  SEPARATE  INSTRUMENT. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  I, ,  of  said  county 

and  State,  for  and  in  consideration  of  the  sum  of dollars,  to  me 

in  hand  paid  by ,  the  receipt  of  which  is  hereby  acknowledged, 

have  bargained,  sold  and  assigned,  and  by  these  presents  do  bargain, 

sell  and  assign,  unto  the  said ,  of County,  Texas, 

his  executors,  administrators  and  assigns,  a  certain  bond  or  obligation  in 

writing,  and  conditions  thereof,  bearing  date  of  the  ....  day  of 

A.  D.  19. .,  executed  by to  me,  conditioned  for  the  pay- 
ment of dollars  on  the  ....  day  of ,  A.  D.  19. .,  with  in- 
terest from ,  at  the  rate  of  ....  per  cent  per  annum,  and  all 

sums  of  money  due  or  to  become  due  thereon.  And  I  further  covenant 
with  the  said  that  there  is  now  due  on  said  obligation, 


92  TEXAS  CIVIL  FORM  BOOK. 

according  to  the  conditions  thereof,  principal  and  interest,  the  sum  of 

dollars,  and  that  I  am  the  lawful  owner  of  said  obligation. 

Witness  my  hand  this  ....  day  of ,  A.  D.  19.  . 


Signed  and  delivered  in  the  presence  of 

Witnesses. 


No.  131. 
ASSIGNMENT  OF  A  DEBT. 

The  State  of  Texas,  County  of 

I, ,  for  and  in  consideration  of  the  sum  of dollars, 

to  me  in  hand  paid  by  ,  the  receipt  of  which  is  hereby 

acknowledged,  have  bargained,  sold,  transferred  and  assigned  unto  the 

said a  certain  debt  due  and  owing  to  me  from 

of County,  Texas,  for (here  state  the  nature  of  the 

indebtedness),  amounting  to dollars. 

And  I  do  hereby  authorize  the  said  . . .  ; ,  in  my  name  or 

otherwise,  but  at  his  own  costs,  to  sue  for,  collect  and  receive,  sell  and 
transfer,  and  settle  and  discharge  the  said  debt. 

And  I  do  hereby  covenant  that  the  said  sum  of dollars  is  justly 

owing  and  due  to  me  from  the  said   ,  and  that  I  have 

neither  done  nor  will  do  anything  to  lessen  or  discharge  the  said  debt, 
or  hinder  the  said or  his  assigns  from  collecting  the  same. 

Witness  my  hand  this  ....  day  of ,  A.  D.  19.  . 


No.  132. 
ASSIGNMENT  OF  MORTGAGE. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  I, ,  of 

County,  Texas,  for  and  in  consideration  of  the  sum  of dollars, 

to  me  in  hand  paid  by   ,  the  receipt  of  which  is  hereby 

acknowledged,  have  bargained,  sold  and  assigned,  and  bj  these  presents 

do  grant,  bargain,  sell,  assign  and  transfer  unto  the  said , 

his  executors,  administrators  and  assigns,  a  certain  mortgage,  bearing 

date  ....  day  of ,  A.  D.  19 .  .,  made  to  me  by ,  to 

secure  the  sum  of dollars,  lawful  currency  of  the  United  States  of 

America,  together  with  the  obligation  therein  described,  and  the  money 
due  or  to  become  due  thereon,  with  the  interest. 


TEXAS  CIVIL  FORM  BOOK.  93 

And  I  covenant  that  I  am  the  true  and  lawful  owner  of  the  said 
obligation  and  mortgage,  and  that  I  have  just  right,  full  power  and 
authority  to  sell,  assign  and  dispose  of  the  same;  and  that  there  is  now 

owing  thereon  the  said  principal  sum  of dollars,  together  with  the 

interest  thereon  from  the  ....  day  of ,  A.  D.  19.  .  It  is  expressly 

understood  that  no  recourse  is  to  be  had  against  me  as  assignor  or 
surety  for  the  payment  of  said  obligation. 

Witness  my  hand  this  ....  day  of ,  A.  D.  19. . 


No.  133. 

ASSIGNMENT    OF    A    MORTGAGE    AS    COLLATERAL    SECURITY,    TO    BE 

INDORSED  THEREON. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  I,   ,  for  and  in 

consideration  of  the  sum  of    dollars  to  me  in  hand  paid  by 

,  the  receipt  of  which  is  hereby  acknowledged,  do  hereby 

assign,  transfer,  convey  and  set  over  unto  the  said  the 

within  mortgage,  and  the  obligation  therein  described,  and  all  my  right, 
title  and  interest  in  and  to  the  same,  and  do  hereby  authorize  the  said 

,  in  my  name  or  otherwise,  but  at  his  own  costs  and 

charges,  to  collect  and  obtain  payment  of  the  same.  And  I  covenant 
that  there  is  now  owing  for  principal  upon  the  said  bond  and  mortgage 

the  sum  of dollars,  and  interest  at  the  rate  of  ....  per  cent  per 

annum  from  the   ....  day  of ,  A.  D.  19. .,  and  that  I  am  the 

owner  thereof,  and  have  a  good  right  to  sell  the  same.  But  this  assign- 
ment is  upon  this  express  condition,  that  if  the  said  

(assignor)  shall  well  and  truly  pay,  or  cause  to  be  paid,  unto  the  said 

(assignee)  the  sum  of dollars,  on  or  before  the  .... 

day  of ,  A.  D.  19.  .,  with  interest  thereon  at  the  rate  of  ....  per 

ce,nt  per  annum  from  the  date  hereof,  then  this  assignment  to  be  void. 
But  if  the  said (assignee),  his  heirs  or  assigns,  shall  col- 
lect the  money  secured  by  the  obligation  and  mortgage  hereby  assigned, 

then,  after  taking  therefrom  the  said  sum  of dollars,  with  interest 

as  above  stipulated,  and  the  amount  of  costs  and  charges  properly  in- 
curred in  and  about  the  collecting  thereof,  including  the  usual  attorney's 

fees,  he  or  they  shall  pay  over  the  surplus  (if  any)  to  the  said 

(assignor),  his  executors,  administrators  or  assigns. 
Witness  my  hand  this  ....  day  of ,  A.  D.  19 . . 

,  (Assignor). 

,  (Assignee). 


Witnesses. 


94  TEXAS  CIVIL  FORM  BOOK. 

No.  134. 
ASSIGNMENT  OF  A  JUDGMENT. 

The  State  of  Texas,  County  of  ........ 

Know  all  men  by  these  presents,  that  I,  ,  for  and  in 

consideration  of  the  sum  of  dollars  to  me  in  hand  paid  by 

,  the  receipt  of  which  is  hereby  acknowledged,  do  hereby 

transfer  and  assign  to  the  said ' .  . .  .  a  certain  judgment  by  me 

recovered  in  the Court  of County,  Texas,  at  the 

term,  A.  D.  19. .,  of  said  court,  against ,  for  the 

sum  of dollars  and  costs  of  suit,  with  full  authority  to  demand 

and  receive  the  same  to  his  own  use,  and  upon  payment  thereof,  or  of 
any  part,  to  give  discharge  for  the  same.  And  I  authorize  the  said 

,  in  my  name,  but  at  his  own  cost  and  charge,  to  sue  out 

execution  and  all  other  legal  process  that  may  be  necessary  for  the  en- 
forcement of  said  judgment. 

And  I  do  covenant  that  there  is  now  due  on  said  judgment  the  sum 

of dollars,  and  that  I  will  not  collect  or  receive  the  same  or  any 

part  thereof,  nor  release  or  discharge  the  said  judgment. 

Witness  my  hand  this  ....  day  of ,  A.  D.  19. . 


Signed  and  delivered  in  the   presence  of 

Witnesses. 


No.  135. 

ASSIGNMENT  OF  LEASE. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  I,   ,  for  and  in 

consideration  of  the  sum  of  dollars,  to  me  in  hand  paid  by 

,  the  receipt  of  which  is  hereby  acknowledged,  do  hereby 

assign,  transfer  and  convey  unto  the  said a  certain  lease, 

bearing  date  the  ....  day  of ,  A.  D.  19 . . ,  made  by , 

of County,  Texas,  to  me  for  the  term  of years,  reserving 

unto  the  said the  yearly  rent  of dollars,  payable 

(here  state  how  the  same  is  payable),  with  all  and  singular 

the  premises  therein  mentioned  and  described,  and  the  buildings  thereon, 
together  with  the  appurtenances,  to  have  and  to  hold  the  same  for  and 
during  the  remainder  of  the  term  mentioned  in  said  lease.  And  I  do 
further  covenant  that  the  said  assigned  premises  are  free  from  all  other 


TEXAS  CIVIL  FORM  BOOK.  95 

gifts,  grants,  bargains,  sales,  leases  and  incumbrances,  by  me  suffered, 
made  or  created. 

Witness  my  hand  this  ....  day  of ,  A.  D.  19 .  . 


Signed  and  delivered  in  the  presence  of 

Witnesses. 


No.  136. 
ASSIGNMENT  OF  POLICY  OF  INSURANCE. 

The  State  of  Texas,  County  of J . . . 

For  and  in  consideration  of  the  sum  of dollars  to  me  in  hand 

paid,  the  receipt  of  which  is  hereby  acknowledged,  I  do  hereby  sell,  as- 
sign, transfer,  convey  and  set  over  unto  the  said ,  all  my 

right,  title,  interest,  claim  and  demand,  in  and  to  the  within-named 
policy  of  insurance,  and  all  sums  of  money,  interest,  benefit  and  ad- 
vantage whatever,  now  due,  or  which  may  hereafter  arise,  or  to  be  had 
or  made  by  virtue  thereof,  to  have  and  to  hold  the  same  unto  the  said 

,  his  heirs  and  assigns  forever. 

Witness  my  hand  this  ....  day  of ,  A.  D.  19 . . 


Signed  and  delivered  in  the  presence  of 


Witnesses. 


No.  137. 

ASSIGNMENT  OF  A  PATENT  FOR  AN  INVENTION. 

The  State  of  Texas,  County  of 

Whereas,  letters  patent,  bearing  date  the  ....  day  of ,  A.  D. 

19. .,  were  granted  and  issued  by  the  government  of  the  United  States, 

under  the  seal  thereof,  to ,  of  said  county  and  State,  for 

(here  state  the  nature  of  the  invention,  in  general  terms,  as 

in  the  patent),  a  more  particular  description  whereof  is  annexed  to  said 
letters  patent  in  a  schedule,  by  which  letters  patent  the  full  and  exclu- 
sive right  and  liberty  of  making  and  using  the  said  invention,  and  of 

vending  the  same  to  others  to  be  used,  was  granted  to  the  said , 

his  heirs,  executors,  administrators  or  assigns,  for  the  term  of  

years  from  said  date. 


96  TEXAS  CIVIL  FORM  BOOK. 

Now  therefore  know  all  men  by  these  presents,  that  I,  the  said 

}  for  and  in  consideration  of  the  sum  of dollars,  to 

me  in  hand  paid  by ,  the  receipt  of  which  is  hereby  ac- 
knowledged, have  granted,  assigned  and  set  over,  and  by  these  presents 

do  grant,  assign  and  set  over,  unto  the  said ,  of  said  State 

and  county,  his  executors,  administrators  and  assigns,  the  said  letters 
patent,  and  all  my  right,  title  and  interest  in  and  to  said  invention. 

Witness  my  Rand  this  ....  day  of ,  A.  D.  19 .  . 


Signed  and  delivered  in  the  presence  of 


Witnesses. 


No.  138. 
TRANSFER  AND  ASSIGNMENT  OF  PURCHASE  MONEY  NOTE  AND    LIEN. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  in  consideration  of dollars 

in  hand  paid  me  by  ,  the  receipt  of  which  is  hereby  ac- 
knowledged,   hereby  assign,  transfer,  and  convey  unto  the  said 

certain  note .  .  executed  by ,  dated  the  .... 

day  of ,  A.  D.  19.  .,  aggregating dollars. 

Said  note  .  .  having  been  given  to in  part  payment  for 

that  certain  tract  or  parcel  of  land,  situated  in County,  Texas, 

full}-  described  in  the  deed  bearing  even  date  of  said  note  .  .  recorded  in 

volume  .  . .  .,  page  .  . .  .,  Eecords  of  Deeds  of County,  Texas, 

which  is  referred  to  and  made  a  part  hereof  for  further  description. 

To  have  and  to  hold  the  above  mentioned  note .  . ,  together  with  all 
and  singular  the  contract  lien,  vendor's  lien,  rights,  equities  and  interest 
in  said  land  which  I  have  by  virtue  of  being  the  the  vendor . .  in  said  deed 
and  payee .  .  in  said  note .  .  And  I  bind  myself  that  said  note  is  the  first 
lien  on  the  said  land  and  that^all  payments,  offsets  and  credits  have  been 
allowed.  This  conveyance,  however,  not  to  affect  in  any  manner  my 
liability  as  indorser  on  the  back  of  said  note .  .  And  I  hereby  guarantee 
the  payment  of  principal  and  interest  of  said  note.  .  or  any  extension 
or  renewal  thereof,  hereby  waiving  protest,  diligence  and  suit  on  the 
same. 

Witness  ....  hand  this  ....  day  of ,  A.  D.  19 .. 


TEXAS  CIVIL  FORM  BOOK.  97 

SINGLE  ACKNOWLEDGMENT. 

The  State  of  Texas,  County  of 

Before  me,  the  undersigned  authority,  on  this  day  personally  appeared 

,  known  to  me  to  be  the  person  whose  name  is  subscribed 

to  the  foregoing  instrument,  and  acknowledged  to  me  that  he  executed 
the  same  for  the  purposes  and  consideration  therein  expressed. 

Given  under  my  hand  and  seal  of  office  this  ....  day  of ,  A.  D. 

19.. 


Notary  Public, County,  Texas. 


BILLS  OF  SALE. 

No.  139. 
BILL  OF  SALE. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  I, ,  of  the  county 

of ,  Texas,  for  and  in  consideration  of  dollars,  to  me 

paid  by ,  the  receipt  of  which  is  hereby  acknowledged  and 

confessed,  have  bargained,  sold  and  delivered,  and  do  by  these  presents 

bargain,  sell  and  deliver  unto  the  said ,  of  the  county  of 

,  State  of  Texas,  the  following  described  personal  property, 

to  wit: (here  describe  the  property). 

And  I  do  for  myself,  my  heirs,  executors,  administrators  and  assigns, 
covenant  to  and  with  the  said ,  his  heirs,  executors,  admin- 
istrators and  assigns  to  warrant  and  defend  the  title  to  said  property 
before  mentioned,  against  the  lawful  claim  or  claims  of  any  and  all 
persons  whomsoever. 

Witness  my  hand  at ,  Texas,  this  ....  day  of ,  A.  D. 

19.. 


Witnesses. 


Upon  the  sale,  alienation  or  transfer  of  any  horse,  mare,  mule,  geld- 
ing, colt,  jack,  jennet,  cow,  calf,  ox  or  beef  steer  by  any  person  in  this 
State,  the  actual  delivery  of  such  animals  shall  be  accompanied  by  a 
written  transfer  from  the  vendor,  or  party  selling,  to  the  purchaser, 
giving  the  number,  marks  and  brands  of  each  animal  sold  and  delivered. 

R.  S.  Art.  4940  (4562). 

Form  Book  —  7. 


98  TEXAS  CIVIL  FORM  BOOK. 

No.  140. 
SHERIFF'S  BILL  OF  SALE. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  I,  ,  sheriff  of  said 

county  of ,  Texas,  by  virtue  of  an  execution  issued  upon  a  judg- 
ment rendered  in  the (here  give  the  court)  in  said  county,  in 

favor  of against ,  cause  No ,  did  lately 

seize  and  levy  upon (here  describe  the  property),  as  the  prop- 
erty of  the  said ,  and  after  duly  advertising  said 

as  required  by  law,  did  offer  said  for  sale  at  public  auction, 

between  the  legal  hours  thereof,  on  the  first  Tuesday  in ,  A.  D. 

19.  .,  being  the  ....  day  of  said  month,  at  the  door  of  the  courthouse  at 

,  in  said  county,  and  knocked  off  the  said  to 

,  of  said  county,  at  and  for  the  sum  of dollars,  he 

being  the  highest  and  best  bidder  therefor. 

Now  therefore  I,  ,  the  said  sheriff  as  aforesaid,  in  con- 
sideration of  the  premises  and  the  said  sum  of dollars,  to  me  in 

hand  paid  by  the  said ,  the  receipt  of  which  is  hereby  ac- 
knowledged and  confessed,  do  by  these  presents  sell  and  convey  to  the 

said ,  his  heirs  and  assigns,  all  the  right,  title  and  interest 

the  said  ,  defendant  in  execution,  had  in  and  to  said 

at  the  time  of  levy  and  sale  thereof. 

Witness  my  hand  officially  this  ....  day  of ,  A.  D.  19 .  . 


Sheriff, County,  Texas. 

Executed  and  delivered  in  the  presence  of 


Witnesses. 

See  R.  S.  Art.  2375    (2316). 


BONDS. 

No.   141. 
BOND  FOR  COSTS. 

The  State  of  Teaxs,  County  of No In Court 

of County. 

Know  all  men  by  these  presents,  that  we, ,  as  principal, 

and and ,  as  sureties,  do  hereby  bind  our- 
selves, jointly  and  severally,  to  pay  unto  the  officers  of  said  court  and  to 


TEXAS  CIVIL  FORM  BOOK.  99 

whom  it  may  concern,  all  costs  that  have  accrued,  or  may  accrue,  in  the 
prosecution    of   a    certain    suit   now   pending   in   said   court,   wherein 

is  plaintiff  and is  defendant. 

Witness  our  hands  this  ....  day  of ,  A.  D.  19.  . 


Approved  this  ....  day  of ,  A.  D.  19 .. 

Clerk  of Court,    County. 

R.  S.  Art.  1440  (1436). 

The  plaintiff  in  any  civil  suit  may  at  any  time  before  final  judgment, 
upon  motion  of  the  defendant  or  any  officer  of  the  court  interested  in 
the  costs  accruing  in  such  suit,  be  ruled  to  give  security  for  the  costs; 
and  if  such  rule  be  entered  against  the  plaintiff  and  he  fail  to  comply 
therewith  on  or  before  the  first  day  of  the  next  term  of  the  court,  the 
suit  shall  be  dismissed.  The  clerk  may  require  of  the  plaintiff  security 
for  costs  before  issuing  any  process  therein,  but  he  shall  file  his  petition 
and  enter  the  same  properly  on  the  docket. 

R.  S.  Art.  1439  (1435). 


No.  142. 

AFFIDAVIT  OF  INABILITY  TO  GIVE  BOND  FOR  COSTS. 

.vs.  No . .  In   .  .    Court  of 


County. 


,  plaintiff  in  the  above  entitled  cause,  being  duly  sworn, 

says  he  is  too  poor  to  pay  the  costs  of  court  and  is  unable  to  give  security 
therefor. 


Sworn  to  and  subscribed  before  me,  this  the  ....  day  of ,  A.  D. 

19.. 


Clerk  of Court,  County. 

R.  S.  Art.  1442   (1438). 

The  clerk  or  justice  of  the  peace  shall  have  the  right  to  contest,  by 
proof  or  otherwise,  the  inability  of  the  party  to  pay  the  cost.  If  plain- 
tiff demands  «  jury,  he  shall  file  with  the  clerk  an  affidavit  in  writing 
that  he  is  unable  to  deposit  the  jury  fee,  and  that  he  cannot  by  pledge 
of  property  or  otherwise  obtain  money  for  that  purpose. 

R.  S.  Art.  3195  (3067). 


100  TEXAS  CIVIL  FORM  BOOK. 

No.  143. 

APPEAL  BOND  FROM  JUSTICE  COURT. 

vs No In  the  Justice  Court,  Precinct 

No , County,  Texas. 

Whereas,  on  the  ....  day  of ,  A.  D.  19 .  . ,  before , 

a  justice  of  the  peace   in  the   county  of ,    State   of   Texas, 

recovered  a  judgment  against for  the  sum  of 

....  dollars,    besides   costs    of   suit,    from   which   judgment  the    said 

has  appealed  to  the  County  Court  of County : 

Now  therefore  we, .  .,  as  principal,  and  and 

,  as  sureties,  acknowledge  ourselves  bound  to  pay  unto  the 

said • . .  the  sum  of dollars,  conditioned  that  the  said 

shall  prosecute  his  said  appeal  to  effect  and  shall  pay  off 

and  satisfy  the  judgment  which  may  be  rendered  against  him  on  such 
appeal. 

Witness  our  hands  this  ....  day  of ,  A.  D.  19.  . 

,  Principal. 

,  Surety. 

,  Surety. 

,  Surety. 

Examined  and  approved  this  ....  day  of ,  A.  D.  19.  . 


Justice  of  the  Peace  Precinct  No , County,  Texas. 

R.  S.  Art.  1670  (1639). 


No.  144. 
CERTIFICATE  OF  SOLVENCY  OF  BOND. 

The  State  of  Texas,  County  of 

I, ,  clerk  of  the Court  in  and  for  said  county, 

lo  hereby  certify  that and ,  whose  genuine 

signatures  appear  signed  to  the  annexed  bond,  are  in  my  opinion  good 

and  ample  security  for  the  amount  therein  specified ;  and  that 

and ,  each,  have  property  in  said  county  subject  to 

execution  of  a  larger  amount,  and  that  if  said  bond  was  offered  to  me 
for  approval  the  same  would  be  accepted  and  approved. 

Witness  my  hand  and  seal  of  office,  at ,  this  the  ....  day  of 

,A.  D.  19.. 


Clerk  of  ........  Court,   County. 

By ,  Deputy. 


TEXAS  CIVIL  FORM  BOOK.  101 

No.  145. 

AFFIDAVIT  IN  LIEU  OF  APPEAL  BOND  FROM  JUSTICE  COURT. 

vs No In  Justice  Court  of  Precinct 

No , County,  Texas. 

,  defendant  in  the  above  entitled  and  numbered  cause, 

pending  before ,  a  justice  of  the  peace  in  and  for  precinct 

No , County,  Texas,  being  duly  sworn,  says  that  at  a  reg- 
ular term  of  said  court,  to  wit,  on  the  ....  day  of ,  A.  D.  19. ., 

the  said ,  plaintiff  in  said  cause,  recovered  a  judgment 

against  him,  the  said ,  for  the  sum  of dollars,  witty 

interest  thereon  from  the  ....  day  of ,  A.  D.  19 . .,  at  . . .  per  cent 

per  annum,  and  all  costs  of  suit,  from  which  said  judgment  he  desires 

to  prosecute  an  appeal  to  the  county  court  of  said  county  of , 

but  that  he  is  unable  to  pay  the  costs  of  appeal,  or  any  part  thereof,  or 
to  give  security  therefor. 


Sworn  to  and  subscribed  before  me,  this  .  .  .  day  of ,  A.  D.  19.  . 


Justice  of  the  Peace  Precinct  No , County,  Texas. 

R.  S.  Art.  1671  (1639a.) 

Such  proof  shall  be  made  before  the  county  judge  of  the  county  where 
such  party  resides,  or  before  the  court  trying  the  same,  at  any  time 
within  ten  days  from  and  after  the  date  of  the  judgment  rendered  therein. 
Said  affidavit  may  be  contested  by  any  officer  of  the  court  or  party  to 
the  suit.  When  the  appellant  files  his  affidavit  of  his  inability  to  pay  the 
costs,  it  shall  be  the  duty  of  the  court  trying  the  case,  or  the  justice  of 
the  peace  in  which  said  case  was  tried,  or  the  county  judge  of  the  county 
in  which  the  suit  is  pending,  to  hear  evidence  and  to  determine  the  right, 
of  the  party  to  his  appeal. 

R.  S.  Art.  1671  (1639a). 


No.  146. 

BOND  TO  CONVEY  LAND. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  I,  ,  of  said  State 

and  county,  am  held  and  firmly  bound  unto ,  of 

County,  in  said  State,  in  the  penal  sum  of  ....  dollars,  lawful  currency 

of  the  United  States,  for  the  payment  of  Which  to  the  said , 

his  heirs,  executors,  administrators  and  assigns,  I  bind  myself,  my  heirs, 
executors  and  administrators. 

The  condition  of  the  above  obligation  is  such,  that  whereas  the  above 
bounden ,  for  and  in  consideration  of  the  sum  of 


102  TEXAS  CIVIL  FORM  BOOK. 

dollars,  cash  to  him  in  hand  paid  by  the  said ,  and  the  fur- 
ther sum  of dollars,  secured  to  be  paid  by  the  said , 

evidenced  by  his  two  several  promissory  notes  of  even  date  herewith,  one 

being  for  the  sum  of dollars,  and  due  and  payable  on  the  ....  day 

of ,  A.  D.  19. .,  with  interest  from  date  at  ....  per  cent  per  an- 
num, and  the  other  for  the  sum  of dollars,  and  due  and  payable 

on  the  ....  day  of ,  A.  D.  19.  .,  with  interest  from  date  at  .... 

per  cent  per  annum,  executed  and  delivered  by  the  said 

to  the  above  bound ,  has  bargained  and  sold,  and  by  these 

presents  do  bargain  and  sell,  unto  the  said ,  a  certain  tract 

of  land  out  of  the survey  and  situated  in County, 

Texas,  with  metes  and  bounds  as  follows :   (here  describe  the 

land). 

Now.  if  the  above  bound shall,  upon  the  payment  of  said 

'wo  promissory  notes  above  mentioned,  according  to  their  legal  tenor 
and  effect,  make,  execute  and  acknowledge,  or  cause  to  be  made,  executed 
and  acknowledged,  a  good  and  sufficient  deed,  with  warranty  of  title  and 
possession,  conveying  the  above  described  land  and  premises  unto  the 

said ,  his  heirs,  executors,  administrators  and  assigns,  then 

the  above  obligation  shall  be  null  and  void,  otherwise  to  remain  in  full 
force  and  effect. 


Witnesses: 


Acknowledgment  same  as  in  deed.] 


No.  147. 

BOND   FOR   TITLE   WITHOUT   SURETY. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  whereas of  said 

county  of has  this  da}r  executed  and  delivered  to , 

of  the  county  aforesaid,  his  certain  promissory  note  for  the  sum  of 

dollars,  to  become  due  on  the  ....  day  of ,  A.  D.  19.  .,  being  the 

consideration  given  for  a  certain  tract  of  land  hereinafter  described : 

Now  I,  the  said ,  in  consideration  of  the  premises,  hereby 

acknowledge  myself  bound  to  pay  to  the  said the  sum  of 

dollars,  conditioned  that  if  I,  the  said ,  upon  the 

payment  of  said  promissory  note  being  well  and  truly  made,  will  execute 

and  deliver  to  the  said ,  or  his  assigns,  good  and  sufficient 

titles,  in  fee  simple,  for  a  certain  tract  of  land  situated  in  said  county 


TEXAS  CIVIL  FORM  BOOK.  103 

of ,  in  the survey,  consisting  of acres,  more  par- 
ticularly described  and  designated  as  follows:  (here  describe 

the  land),  together  with  all  and  singular,  the  rights,  members  and  ap- 
purtenances to  the  same  in  any  manner  belonging,  and  with  such  war- 
ranties and  assurances  as  will  secure  the  said against  the 

lawful  claims  of  any  person  whomsoever;  then  this  obligation  is  to  be- 
come void,  otherwise  to  remain  in  full  force  and  effect. 

Witness  my  hand  this  the  ....  day  of ,  A.  D.  19 . . 


Executed  and  delivered  in  presence  of 

) 

[For  acknowledgment,  same  as  given  in  deeds.] 


No.  148. 
BOND  FOR  TITLE  TO  REAL  ESTATE  WITH  SURETY. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  we, ,  as  principal, 

and and ,  as  sureties,  all  of  the  county  of 

,  State  of  Texas,  do  hereby  acknowledge  ourselves  held  and 

firmly  bound  to  . ,  of  the  county  of ,  State  of  Texas, 

in  the  sum  of  ....  dollars,  to  be  paid  to ,  and  to  his  heirs, 

executors,  administrators  or  assigns,  to  the  payment  of  which  sum,  we 
bind  ourselves,  our  heirs,  executors  and  administrators,  firmly  by  these 
presents:  The  condition  of  the  foregoing  obligation  is,  that,  whereas, 

the  above  bound has  this  day  sold  to  the  said 

his  heirs  and  assigns  forever,  the  following  described  real  estate,  lying 

and  being  situate  in  the  County  of ,  State  of  Texas,  to  wit :  (here 

set  forth  the  description  of  the  property  by  proper  field  notes).  The 
consideration  paid,  and  agreed  to  be  paid,  for  said  land  is  as  follows:  to 

wit:  The  sum  of dollars,  on  the  . . . .  day  of ,19-  •>  the 

sum  of dollars  on  the  ....  day  of ,  19.  .,  and  the  sum  of 

dollars  on  the  ....  day  of ,  19 .  .,  together  with  .... 

per  cent  interest  upon  such  sums  as  they  become  due,  and  the  reasonable 
costs  for  the  collection  of  said  money,  and  the  further  consideration  of 
the  furnishing  by  the  said to  the  said ,  with- 
out costs  of  a  complete  abstract  of  title  to  said  property,  showing  same 
to  be  clear  of  any  and  all  incumbrances  whatever. 

Now,  if  the  said shall  well  and  truly  furnish  such  ab- 
stract within  five  days  from  the  date  hereof,  and  on  said  ....  day  of 
,  19.  .,  make  the  first  payment  above  mentioned  and  then  and 


104  TEXAS  CIVIL  FORM  BOOK. 

there  execute  and  deliver  to  the  said ,  vendor  lien  notes  for 

the  other  payments,  and  the  said shall  then  make  or  cause 

to  be  made,  to  the  said ,  or  to  his  heirs,  assigns  and  legal 

representatives,  a  good  and  valid  title  to  said  premises,  then  this  obli- 
gation shall  become  null  and  void;  otherwise  it  shall  remain  in  full  force 
and  effect. 

Witness  our  hands  this  ....  day  of ,  19. , 

,  Principal. 

,  Surety. 

,  Surety. 

Signed,  sealed  and  delivered  in  presence  of 


No.  148  1/2. 

BOND   WITH   CONDITION   INDEMNIFYING   SURETY  IN   A   BOND. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  I, ,  of  said  State 

and  county,  am  held  and  firmly  bound  unto ,  of 

County,  in  said  State,  in  the  penal  sum  of dollars,  lawful  currency 

of  the  United  States,  for  the  payment  of  which  to  the  said , 

his  heirs,  executors,  administrators  and  assigns,  I  bind  myself,  my  heirs, 
executors  and  administrators. 

The  condition  of  the  above  obligation  is  such,  that  whereas  the  said 

,  at  the  special  instance  and  request  of  the  above  bounden 

,  has  bound  himself,  together  with  the  said , 

unto  one ,  in  a  certain  obligation  bearing  even  date  here- 
with, in  the  penal  sum  of dollars,  conditioned (here  in- 
sert the  conditions  of  the  said  bond) :  Now  therefore  if  the  said 

shall  well  and  truly  perform  the  condition  of  said  bond 

in  manner  and  form  as  he  is  therein  required  to  do,  and  at  all  times 

hereafter  save  harmless  the  said ,  his  heirs,  executors  and 

administrators,  of  and  from  the  said  obligation,  and  of  and  from  all 
actions,  costs  and  damages  for  and  by  reason  thereof,  then  this  obliga- 
tion to  be  void;  otherwise  to  remain  in  full  force  and  effect. 

Witness  my  hand  this  the  ....  day  of ,  A.  D.  19.  . 


TEXAS  CIVIL  FORM  BOOK.  105 

No.  149. 

AGENT'S  BOND. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that,  whereas has  been 

appointed of in  the  city  of ,  in  said 

county,  and  by  reason  of  said  appointment  will  receive  into  his  hands 
divers  sums  of  money,  goods,  chattels,  and  other  things,  the  property  of 

the  said :  Now  therefore  we,  the  said ,  as 

principal,  and and ,  as  sureties,  acknowledge 

ourselves  bound  to  pay  to  the  said the  sum  of dollars, 

conditioned  that  the  said ,  his  executors  or  administrators, 

shall,  upon  request  to  him  or  them,  made,  make  and  give  unto  the  said 

a  true  and  correct  account  of  all  such  sums  of  money, 

goods,  chattels  and  other  things  as  have  come  into  his  possession  by  vir- 
tue of  His  appointment,  and  shall  and  do  pay  over  and  deliver  to  said 

,  or  to  any  other  person  duly  authorized  to  .receive  the 

same,  all  such  balances  or  sums  of  money,  goods  chattels  and  other 
things  which  shall  be  due  by  him  to  said 

Witness  our  hands  this  the  ....  day  of ,  A.  D.  19 . . 


No.  150. 
COMMON  BOND. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  I, ,  of  said  State 

and  county,  am  held  and  firmly  bound  unto ,  of 

County,  in  said  State,  in  the  penal  sum  of  ....  dollars,  lawful  cur- 
rency of  the  United  States,  for  the  payment  of  which  to  the  said 

,  his  heirs,  executors,  administrators  and  assigns,  I  bind 

myself,  my  heirs,  executors  and  administrators. 

The  condition  of  the  above  obligation  is  such,  that  if  the  above 

bounden ,  his  heirs,  executors  and  administrators,  shall  well 

and  truly  pay,  or  cause  to  be  paid,  unto  the  said ,  his  exec- 
utors, administrators  or  assigns,  the  sum  of dollars,  lawful  cur- 
rency of  the  United  States  in  ....  equal  annual  payments  from  the  date 
hereof  with  annual  interest  from  .the  date  of  this  obligation  on  the 
amount  paid,  then  the  above  obligation  to  be  void,  otherwise  to  remain 
in  full  force  and  effect. 

Witness  my  hand  this  the  ....  day  of ,  A.  D.  19. . 


106  TEXAS  CIVIL  FORM  BOOK. 

No.  151. 

BOND  FOR  THE  PAYMENT  OF  MONEY  AND  INTEREST  SEMI  ANNUALLY. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  I, ,  of  said  State 

and  county,  am  held  and  firmly  bound  unto ,  of 

County,  in  said  State,  in  the  penal  sum  of dollars,  lawful  cur- 
rency of  the  United  States,  for  the  payment  of  which  to  the  said 

,  his  heirs,  executors,  administrators  and  assigns,  I  bind 

myself,  my  heirs,  executors  and  administrators. 

The  condition  of  the  above  obligation  is  such,  that  if  the  above  boun- 

den ,  his  heirs,  executors  and  administrators,  shall  well  and 

truly  pay,  or  cause  to  be  paid,  unto  the  above  named ,  his 

executors,  administrators  or  assigns,  the  sum  of dollars,  lawful 

currency  of  the  United  States,  on  the  ....  day  of ,  A.  D.  19.  ., 

and  the  legal  interest  thereon,  to  be  computed  from  the  day  of  the  date 

hereof,  and  to  be  paid  semi-annually,  on  the  ....  day  of and  the 

....  day  of in  each  and  every  year,  then  the  above  obligation  to 

be  void;  otherwise  to  remain  in  full  force  and  effect.  And  it  is  hereby 
expressly  agreed  that  should  any  default  be  made  in  the  payment  of  said 
interest,  or  of  any  part  thereof,  on  any  day  whenever  the  same  is  made 
payable,  as  above  expressed,  the  aforesaid  principal  sum  of dol- 
lars, with  all  arrearages  of  interest  thereon,  shall  at  the  option  of  the 

said ,  his  executors,  administrators,  or  assigns,  become  and 

be  due  and  payable  immediately  thereafter,  although  the  period  above 
limited  for  the  payment  thereof  may  not  then  have  expired,  anything 
hereinbefore  contained  to  the  contrary  thereof  in  anywise  nowithstand- 
ing. 

Witness  my  hand  this  the  ....  day  of ,  A.  D.  19.  . 


BONDS  AND  OATHS  OF  OFFICERS. 

No.  152. 
COUNTY   SUPERINTENDENT'S   BOND. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  we, ,  as  principal, 

and .  and ,  as  sureties,  are  held  and  firmly  bound 

unto  the  county  commissioners'  court  of  the  county  of ,  State  of 

Texas,  and  their  successors  in  office,  in  trust  for  the  available  school 

fund  of  the  county  of ,  in  the  sum  of  five  thousand  dollars,  for 

the  payment  of  which  we  hereby  bind  ourselves  and  our  heirs,  executors 
and  administrators,  jointly  and  severally,  by  these  presents. 

Signed  with  our  hands  and  dated  this  ....  day  of ,  A.  D.  19. . 

The  condition  of  the  above  obligation  is  such  that,  whereas  the  above 


TEXAS  CIVIL  FORM  BOOK.  107 

bounden was,  on  the  ....  day  of ,  A.  D.  19. .,  duly 

elected  to  the  office  of  county  superintendent  of  public  instruction  in 

and  for  the  county  of ,  in  the  State  of  Texas :    Now  therefore 

if  the  said shall  faithfully  perform  and  discharge  all  of 

the  duties  of  his  office,  then  this  obligation  to  be  void,  otherwise  to  re- 
main in  full  force  and  effect. 

In  testimony  whereof,  witness  our  hands. 


R.  S.  Art.  3929b. 

Such  county  superintendent  shall  take  the  oath  of  office  prescribed  by 
law.  The  county  judge  who  serves  as  ex  officio  county  superintend- 
ent of  public  instruction  shall  give  bond  in  the  sum  of  one  thousand 
dollars,  payable  to  the  commissioners'  court  and  their  successors  in  office, 
and  conditioned  for  the  faithful  performance  of  his  duties. 

R.  S.  Art.  3939. 


No.  153. 
COUNTY  COMMISSIONER'S  BOND. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  we, ,  as  -principal, 

and and ,  as  sureties,  are  firmly  held  and 

bound  unto ,  treasurer  of  the  county  of ,  State  of 

Texas,  in  the  sum  of dollars,  for  the  payment  of  which  we  hereby 

bind  ourselves  and  our  heirs,  executors  and  administrators,  jointly  and 
severally,  by  these  presents. 

Signed  with  our  hands  and  dated  this  ....  day  of ,  A.  D.  19. . 

The  condition  of  the  above  obligation  is  such  that,  whereas,  the  above 

boundeu was,  on  the  ....  day  of ,  A.  D.  19. .,  duly 

elected  to  the  office  of  county  commissioner  in  and  for  commissioner 

precinct  No ,  in County,  State  of  Texas :  Now  therefore 

if  the  said shall  faithfully  perfom  and  discharge  all  the 

duties  required  of  him  by  law  as  county  commissioner  aforesaid,  then 
this  obligation  to  be  void,  otherwise  to  remain  in  full  force  and  effect. 

In  testimony  whereof,  witness  our  hands. 


R.  S.  Art.  1535  (1512). 

Each  commissioner  shall  take  the  oath  prescribed  by  the  Constitution, 
and  shall  also  take  the  oath  that  he  will  not  be  directly  or  indirectly 


108  TEXAS  CIVIL  FORM  BOOK. 

interested  in  any  contract  with  or  claim  against  the  county  in  which  he 
resides,  and  shall  execute  a  bond  in  the  sum  of  $3,000,  payable  to  the 
treasurer  of  his  county. 

In  case  of  vacancy  in  said  office,  the  county  judge  shall  appoint  some 
suitable  person  living  in  the  precinct  where  such  vacancy  occurs,  to 
serve  as  commissioner  for  such  precinct  until  the  next  general  election. 

R.  S.  Art.   1536   (1513).     Commissioner  road  bond  $1,000  to  County  Judge. 
Supplement  to  Sales  Civ.  Sts.  1897-1904,  p.  512. 


No.  154. 
COUNTY  JUDGE'S  BOND. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  we, ,  as  principal 

and and ,  as  sureties,  are  held  and  firmly 

bound  unto ,  treasurer  of  the  county  of ,  in  the 

State  of  Texas,  in  the  sum  of  ....  dollars,  for  the  payment  of  which, 
well  and  truly  to  be  made,  we  bind  ourselves,  our  heirs,  executors  and 
administrators,  jointly  and  severally,  by  these  presents. 

Signed  with  our  hands  and  dated  this  ....  day  of ,  A.  D.  19.  . 

The  condition  of  the  above  obligation  is  such,  that,  whereas,  the  above 

bounden • was,  on  the  ....  day  of ,  A.  D.  19.  .,  duly 

elected  to  the  office  of  county  judge  in  and  for County,  in  the 

State  of  Texas :  Xow  therefore  if  the  said ,  county  judge 

of County,  shall  pay  over  to  the  person  or  officer  entitled  to  re- 
ceive it,  all  moneys  that  may  come  into  his  hands  as  county  judge  within 
thirty  days  after  he  shall  have  received  the  same,  then  this  obligation 
to  be  void,  otherwise  to  remain  in  full  force  and  effect. 

In  testimony  whereof,  witness  our  hands. 


R.  S.  Art.  1125  (1134). 

Said  bond  shall  be  in  a  sum  of  not  less  than  one  thousand  nor  more 
than  five  thousand  dollars  to  be  determined  and  fixed  by  the  commis- 
sioners' court.  The  county  judge  shall  take  the  oath  of  office  prescribed 
in  the  Constitution  and  also  the  further  oath  required  of  the  several 
members  of  the  commissioners'  court. 

The  judge  of  the  district  court,  and  each  special  judge  provided  for 
by  law  shall,  before  entering  upon  the  duties  of  his  office,  take  the  oath 
of  office  prescribed  by  the  Constitution. 

R.  S.  Art.  1066  (1088). 


TEXAS  CIVIL  FOBM  BOOK.  109 

No.  155. 

COUNTY  TREASURER'S  GENERAL  BOND. 
The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  we, ,  as  principal, 

and and ,  as  sureties,  are  firmly  held  and 

bound  unto ,  county  judge  of  the  county  of ,  State 

of  Texas,  in  the  sum  of dollars,  for  the  payment  of  which,  well 

and  truly  to  be  made,  we  bind  ourselves,  our  heirs,  executors  and  admin- 
istrators, jointly  and  severally,  by  these  presents. 

Signed  with  our  hands  and  dated  this  ....  day  of ,  A.  D.  19. . 

Whereas  the  above  bounden has  been  elected  to  the  office 

of  county  treasurer  of  the  county  of ,  State  of  Texas,  at  the 

general  election  held  therein  on  the  ....  day  of ,  A.  D.  19. .: 

Now,    the    condition    of    this    obligation    is    such,    that    if    the    said 

shall  faithfully  execute  the  duties  of  his  office  and  pay 

over,  according  to  law,  all  moneys  which  shall  come  into  his  hands  as 
county  treasurer,  and  render  a  just  and  true  account  thereof  to  said 
court  at  each  regular  term  of  said  court,  then  this  obligation  to  be  null 
and  void,  otherwise  to  remain  in  full  force  and  effect. 

In  testimony  whereof,  witness  our  hands. 


R.  S.  Art.  921  (989). 


No.  156. 


COUNTY  TREASURER'S  BOND  FOR  SCHOOL  FUND. 
The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  we, ,  as  principal, 

and and ,  as  sureties,   are  held  and  firmly 

bound  unto ,  county  judge  of  the  county  of ,  State 

of  Texas,  in  the  sum  of dollars,  for  the  payment  of  which,  well 

and  truly  to  be 'made,  we  bind  ourselves,  our  heirs,  executors  and  admin- 
istrators, jointly  and  severally,  by  these  presents. 

Signed  with  our  hands  and  dated  this  ....  day  of ,  A.  D.  19. . 

The  condition  of  this  obligation  is  such,  that  if  the  said , 

county  treasurer  of  the  county  of ,  State  of  Texas,  shall  safely 

keep  and  faithfully  disburse  the  school  fund  of  this  county  according  to 
law,  and  pay  such  warrants  as  may  be  drawn  on  said  fund  by  competent 
authority,  then  this  obligation  shall  be  null  and  void,  and  otherwise  to 
remain  in  full  force  and  effect. 

In  testimony  whereof,  witness  our  hands. 


R.  S.  Art.  921   (989). 


110  TEXAS  CIVIL  FORM  BOOK. 

No.  157. 

COUNTY  TREASURER'S  ADDITIONAL  BOND. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  we, . .  .,  as  principal, 

and and ,   as  sureties,   are  lirmly  held  and 

bound  unto ,  county  judge  of  the  county  of ,  State 

of  Texas,  in  the  sum  of  .......  dollars,  for  the  payment  of  which,  well 

and  truly  to  be  made,  we  bind  ourselves,  our  heirs,  executors  and  admin- 
istrators, jointly  and  severally,  by  these  presents. 

Signed  with  our  hands  and  dated  this  ....  day  of ,  A.  D.  19.  . 

Whereas,  the  above  bounden ,  treasurer  of  the  county  of 

.,  State  of  Texas,  on  the  ....  day  of ,  A.  D.  19. .,  exe- 
cuted his  bond  in  accordance  with  law  for  the  faithful  performance  of 
the  duties  of  his  office,  etc.;  and  whereas,  the  commissioners'  court  of 

said  county  has  required  said to  give  an  additional  bond : 

Now  the  condition  of  this  obligation  is  such,  that  if  the  said 

shall  faithfully  execute  the  duties  of  his  office  and  pay  over,  according 
to  law,  all  moneys  which  shall  come  into  his  hands  as  county  treasurer, 
and  render  a  just  and  true  account  thereof  to  said  court  at  each  regular 
term  of  said  court,  then  this  obligation  shall  be  null  and  void,  and  other- 
wise to  remain  in  full  force  and  effect. 

In  testimony  whereof,  witness  our  hands. 


R.  S.  Art.  922   (990). 


No.  158. 

COUNTY  AND  DISTRICT  SURVEYORS. 

R.  S.  Art.  4068-4105   (3834-3870). 

R.  S.  Art.  4069,  amended  by  25th  Leg.,  p.  26. 

BOND    OF    COUNTY    SURVEYOR. 

The  State  of  Texas,  County  pf 

Know  all  men  by  these  presents,  that  we,  .  . .  t ,  as  principal, 

and and ,  as  sureties,  are  held  and  firmly 

bound  unto ,.  .,  Governor  of  the  State  of  Texas,  and  his  suc- 
cessors in  office,  in  the  sum  of dollars,  for  the  payment  of  which, 

well  and  truly  to  be  made,  we  bind  ourselves,  our  heirs,  executors  and 
administrators,  jointly  and  severally,  by  these  presents. 

Signed  with  our  hands  and  dated  this  ....  day  of ,  A.  D.  19 .. 

Whereas,  the  above  bound has  been  elected  to  the  office 

of  surveyor  in  and  for  the  county  of ,  State  of  Texas,  at  the 


TEXAS  CIVIL  FORM  BOOK.  Ill 

general  election  held  therein  on  the  ....  day  of ,  A.  D.  19. .; 

Now  therefore  the  condition  of  this  obligation  is  such,  that  if  the  said 

shall  faithfully  perform  all  the  duties  of  his  office,  then 

the  above  obligation  shall  be  null  and  void,  otherwise  to  remain  in  full 
force  and  effect. 

In  testimony  whereof,  witness  our  hands. 


R.  S.  Art.  40(59.  25th  Leg.  Reg.  Ses.,  p.  26. 

Said  bond  shall  be  in  such  sum  as  may  be  fixed  by  the  commissioners' 
court  of  the  county,  not  to  be  less  than  five  hundred  dollars,  nor  more 
than  ten  thousand.  Said  officer  must  take  the  oath  prescribed  by  the 
Constitution. 

The  county  or  district  surveyor  shall  appoint  as  many  deputy  survey- 
ors as  he  may  deem  necessary  for  the  county  or  district,  and  shall  ad- 
minister to  them  the  oath  of  office.  Such  deputy  shall  take  the  oath  of 
office  and  enter  into  bond  with  two  or  more  good  and  sufficient  sureties, 
to  be  approved  by  the  county  commissioners'  court,  in  the  sum  of  five 
thousand  dollars,  payable  to  the  Governor  and  his  successors  in  office, 
conditioned  for  the  faithful  performance  of  the  duties  of  his  office. 
R.  S.  Art.  4076  (3840). 

A  special  deputy  may  be  appointed  in  like  manner. 
R.  S.  Art.  4089   (3853)" 


No.  159. 

CLERK'S  BOND. 

County  Clerks,  R.  S.  Arts.   1133-1153   (1142-1160). 
District  Clerks,  R.  S.  Arts.  1078-1090  (HOOa-1116). 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  we, ,  as  principal, 

and and  ,  as  sureties,  are  held  and  firmly 

bound  unto ,  Governor  of  the  State  of  Texas,  and  his  suc- 
cessors in  office,  in  the  sum  of dollars,  for  the  payment  of  which, 

well  and  truly  to  be  made,  we  bind  ourselves,  our  heirs,  executors  and 
administrators,  jointly  and  severally,  by  these  presents. 

Signed  with  our  hands  and  dated  this  ....  day  of ,  A.  D.  19. . 

The  condition  of  the  above  obligation  is  such,  that,  whereas,  the  above 

bounden was,  the  ....  day  of ,  A.  D.  19.  .,  duly 

elected  to  the  office  of  the  clerk  of  the court  in  and  for 

County,  in  the  State  of  Texas :  Xow  therefore  if  the  said 

shall  faithfully  perform  and  discharge  all  the  duties  required  of  him 
by  law  as  clerk  of  the court  aforesaid,  and  shall  safely  keep  the 


112  TEXAS  CIVIL  Fomr  BOOK. 

records  of  his  office,  then  this  obligation  to  be  void,  otherwise  to  remain 
in  full  force  and  effect. 

In  testimony  whereof,  witness  our  hands. 


Bond  of  the  district  clerk  must  be  in  the  sum  of  $5,000 ;  bond  of  the 
county  clerk  must  be  given  in  a  sum  to  be  fixed  by  the  commissioners' 
court,  not  less  than  two  thousand  nor  more  than  ten  thousand  dollars. 
Each  shall  also  take  and  subscribe  the  oath  of  office  required  by  the  Con- 
stitution, which  shall  be  indorsed  upon  the  bond. 


No.  160. 
APPOINTMENT  OF  DEPUTY  CLERK. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that,  I,  ,  the  under- 
signed clerk  of  the court  of  the  county  of aforesaid, 

do  hereby  appoint deputy  clerk  of  said  court. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  the  seal  of  said 
court  this  ....  day  of ,  A.  D.  19.  . 


Clerk  of  the Court  of County. 

R.   S.  Arts.    1138    (1145),   1083    (1103). 

The  person  appointed  deputy  clerk  shall  take  the  oath  of  office  pre- 
scribed bv  the  Constitution. 
R.  S.  Arts.  1084,  1139. 


No.  161. 

DISTRICT  ATTORNEY'S  BOND. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  we, ,  as  principal, 

and and ,  as  sureties,  are  held  and  firmly 

bound  unto ,  Governor  of  the  State  of  Texas,  and  his  suc- 
cessors in  office,  in  the  sum  of dollars,  for  the  payment  of.  which 

we  hereby  bind  ourselves  and  our  heirs,  executors  and  administrators, 
jointly  and  severally,  by  these  presents. 

Signed  with  our  hands  and  dated  this  ....  day  of ,  A.  D.  19.  . 

The  condition  of  the  above  obligation  is  such,  that,  whereas,  the  above 

bounden was,  on  the  ....  day  of ,  A.  D.  19 .  .,  duly 

elected  to  the  office  of  district  attorney  in  and  for  the judicial 


TEXAS  CIVIL  FORM  BOOK.  113 

district  in  the  State  of  Texas:    Xow  therefore  if  the  said , 

shall  faithfully  perform  and  discharge  all  the  duties  required  of  him  by 
law  as  district  attorney  aforesaid,  and  shall  faithfully  pay  over,  in  the 
manner  prescribed  by  law,  all  moneys  which  he  may  collect  or  which 
may  come  into  his  hands  for  the  State  of  Texas  or  for  any  county,  then 
this  obligation  to  be  void,  otherwise  to  remain  in  full  force  and  effect. 
In  testimony  whereof,  witness  our  hands. 


R.  S.  Art.  277   (242). 

Each  district  attorney  shall  give  bond  in  the  sum  of  $5,000,  to  be  ap- 
proved by  the  district  judge  of  their  respective  districts;  and  he  shall 
take  and  subscribe  the  oath  of  office  prescribed  by  the  Constitution,  which 
bond  and  oath  shall  be  deposited  in  the  office  of  the  Comptroller  of 
Public  Accounts. 

County  Attorney,  Sec.  R.  S.  Art.  285.     $2,500  Bond. 


No.  162. 

CONSTABLE'S  BOND. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  we, ,  as  principal, 

and  and ,  as  sureties,  are  held  and  firmly 

bound  unto ., ,  Governor  of  the  State  of  Texas,  and  his  suc- 
cessors in  office,  in  the  sum  of dollars,  for  the  payment  of  which, 

well  and  truly  to  be  made,  we  bind  ourselves,  our  heirs,  executors  and 
administrators,  jointly  and  severally,  by  these  presents. 

Signed  with  our  hands  and  dated  this  ....  day  of ,  A.  D.  19. . 

The  condition  of  the  above  obligation  is  such,  that  if  the  above 
bounden  ,  who  has  been  elected  constable  in  and  for  pre- 
cinct No ,  in  and  for  the  county  of ,  State  of  Texas,  shall 

faithfully  perform  all  the  duties  required  of  him  by  law  as  constable 
aforesaid,  then  this  obligation  to  be  null  and  void,  otherwise  to  remain 
in  full  force  and  effect. 

In  testimony  whereof,  witness  our  hands. 


R.  S.  Art.  4911    (4533). 

Said  officer  shall  also  take  and  subscribe  the  oath  of  office  prescribed 
by  the  Constitution,  which  shall  be  indorsed  on  said  bond.     Vacancies 
in  the  office  of  constable  shall  be  filled  by  the  commissioners'  court. 
Form  Book  — 8. 


114  TEXAS  CIVIL  FORM  BOOK. 

No.  163. 
APPOINTMENT  OF  DEPUTY  CONSTABLE. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  I,  ,  constable  of 

precinct  No ,  in  and  for  the  county  of ,  State  of  Texas,  in 

which  is  situated  the  city  of ,  having or  more  inhabit- 
ants, do  hereby  appoint my  deputy,  with  full  power  and 

authority  to  perform  all  the  acts  and  duties  required  of  me  as  constable 
as  aforesaid. 

Witness  my  hand  this  ....  day  of ,  A.  D.  19.  . 


Constable  Precinct  No.-  .  . .  ., County. 

R.  S.  Art.  4908  (4531)  1895,  amended  by  25th  Leg.,  p.  194,  art.  4908. 

Justice's  precinct,  in  which  is  situated  a  city  of  eight  thousand  or 
more  inhabitants,  such  constable  may  appoint  no  more  than  two  depu- 
ties, who  shall  qualify  as  required  of  deputy  sheriffs.  In  cities  and 
towns  of  2,500  or  more  inhabitants,  no  more  than  one  deputy  constable 
may  be  appointed. 

R.  S.  Art.  4908,  25th  Leg.,  1897,  p.   194. 


No.  164. 
DEPUTY  CONSTABLE'S  BOND. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  we, ,  as  principal, 

and  and  ,  as  sureties,  are  held  and  firmly 

bound  unto ,  his  heirs,  executors  and  administrators,  in  the 

sum  of dollars,  for  the  payment  of  which,  well  and  truly  to  be 

made,  we  bind  ourselves,  our  heirs,  executors  and  administrators,  jointly 
and  severally,  by  these  presents. 

Signed  with  our  hands  and  dated  this  ....  day  of ,  A.  D.  19 .  . 

Whereas,  the  above  bound was,  on  the  ....  day  of 

,  A.  D.  19.  .,  appointed  deputy  constable  by  the  said , 

who  was  on  the  ....  day  of ,  duly  elected  constable  in  and  for 

precinct  No. '....,  in  and  for  the  county  of ,  State  of  Texas: 

Now  the  condition  of  this  obligation  is  such,  that  if  the  said 
shall  well  and  sufficiently  indemnify,  save  and  keep  harm- 
less the  said ,  constable  as  aforesaid,  from  all  costs,  charges, 

damages  and  suits  that  he,  the  said ,  may  incur  or  become 

liable  to  in  consequence  of  any  acts,  doings,  or  neglect  of  duty  of  him, 

the  said ,  as  such  deputy  constable,  and  that  he,  the  said 

,  shall,  on  demand,  pay  to  the  said  ,  con- 


TEXAS  CIVIL  FORM  BOOK.  115 

stable  as  aforesaid,  his  proportion  of  the  legal  fees  received  by  him, 
the  said ,  then  this  obligation  shall  be  null  and  void,  other- 
wise to  remain  in  full  force  and  effect. 
In  testimony  whereof,  witness  our  hands. 


R.  S.  Art.  4908,  25th  Leg.,  p.  194. 


No.  165. 
PUBLIC  WEIGHERS'  BOND. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  we, ,  as  principal, 

and and ,  as  sureties,  are  held  and  firmly 

bound  unto  . . .  ., ,  county  judge  of  the  county  of ,  State 

of  Texas,  or  his  successor  in  office,  in  the  sum  of dollars,  for  the 

payment  of  which  we  hereby  bind  ourselves  and  our  heirs,  executors  and 
administrators,  jointly  and  severally,  by  these  presents. 

Signed  with  our  hands  and  dated  this  ....  day  of ,  A.  D.  19. . 

The  condition  of  the  above  obligation  is  such,  that  whereas,  the  above 

bounden was,  on  the  ....  day  of ,  A.  D.  19 .  .,  duly 

elected  (or  appointed,  as  the  case  may  be)  to  the  office  of  public  weigher 

in  and  for  justice  precinct  No ,  in  the  county  of ,  State  of 

Texas : 

Now  therefore  if  the  said shall  faithfully  and  impar- 
tially perform  and  discharge  all  of  the  duties  of  his  office  required  of 
him  by  law  as  public  weigher  aforesaid,  then  this  obligation  to  be  null 
and  void,  otherwise  to  remain  in  full  force  and  effect. 

In  testimony  whereof,  witness  our  hands. 


R.  S.  Art.  4309,  amended  by  26th  Leg.,  Reg.  Ses.,  Gen.  Laws  1899,  p.  265. 

Every  person  appointed  or  elected  public  weigher  shall  take  the  oath 
of  office  prescribed  by  the  Constitution  for  other  offices,  and  shall  execute 
a  bond  in  the  sum  of  $5,000;  provided  the  bond  of  the  public  weigher 
for  a  justice  precinct  shall  be  $2,500. 

He  may  appoint  as  many  deputies  as  may  be  necessary  to  enable  him  to 
expeditiously  weigh  all  cotton,  wool,  sugar,  hay  and  grain  offered  to  be 
weighed  in  the  city  or  justice  precinct  for  which  he  is  elected  or  ap- 
pointed; provided  that  no  public  weigher  shall  appoint  deputies  for  any 
place  or  places  not  situated  in  the  city  or  justice  precinct  for  which  he 
is  elected  or  appointed.  Said  deputies  shall  also  take  the  oath  prescribed 


116  TEXAS  CIVIL  FOKM  BOOK. 

by  the  Constitution,  and  may  be  required  by  their  principals  to  give  a 
good  and  sufficient  bond  in  the  sum  of  $1,500,  to  be  approved  by  said 
principals,  and  conditioned  for  the  faithful  performance  of  their  duties. 
R.  S.  Art.  4311,  as  amended  1899  by  26th  Leg.,  p.  265. 


No.  166. 
SHERIFF'S  BOND. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  we, ,  as  principal, 

and and  ,  as  sureties,  are  held  and  firmly 

bound  unto ,  Governor  of  the  State  of  Texas,  and  his  suc- 
cessors in  office,  in  the  penal  sum  of dollars,  for  the  payment  of 

which,  well  and  truly  to  be  made,  we  bind  ourselves,  our  heirs,  executors 
and  administrators,  jointly  and  severally,  by  these  presents. 

Signed  witE  our  hands  and  dated  this  ....  day  of ,  A.  D.  19. . 

Whereas,  the  above  bounden has  been  elected  to  the  office 

of  sheriff  of  the  county  of ,  in  the  State  of  Texas,  at  the  gen- 
eral election  held  therein  on  the  ....  day  of ,  A.  D.  19.  . :  Now 

therefore  the  condition  of  the  above  obligation  is  such,  that  if  the  said 

shall  account  for  and  pay  over  to  the  persons  authorized 

by  law  to  receive  the  same,  all  fines,  forfeitures  and  penalties  that  he 
may  collect  for  the  use  of  the  State,  or  any  county  within  the  State, 
and  that  he  will  well  and  truly  execute,  and  due  return  make,  of  all  proc- 
ess and  precepts  to  him  lawfully  directed,  and  pay  over  all  sums  of 
money  collected  by  him  by  virtue  of  any  such  process  or  precept  to  the 
persons  to  whom  the  same  are  due,  or  their  lawful  attorney ;  and  that  he 
will  faithfully  perform  all  such  duties  as  may  be  required  of  him  by  law, 
then  this  obligation  to  be  null  and  void,  otherwise  to  remain  in  full 
force  and  effect. 

In  testimony  whereof,  witness  our  hands. 


R.  S.  Art.  4892  (4516). 

Said  bond  must  be  for  such  sum  as  may  be  directed  by  the  commis- 
sioners' court,  not  less  than  five  nor  more  than  thirty  thousand  dollars, 
payable  to  the  Governor  and  his  successors  in  office.  The  oath  of  office 
prescribed  by  the  Constitution  must  be  taken  and  subscribed  by  the 
sheriff,  which  shall  be  indorsed  on  said  bond. 

The  bond  must  be  executed  within  twenty  days  after  notice  of  election 
or  the  office  will  become  vacant. 

R.   S.  Art.   4894    (4518). 


TEXAS  CIVIL  FORM  BOOK.  117 

No.  167. 

APPOINTMENT  OF  DEPUTY  SHERIFF. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  I,  the  undersigned,  sheriff  of 

the  county  of ,  aforesaid,  do  hereby  appoint 

deputy  sheriff  in  and  for  said  county,  with  full  power  and  authority  to 
perform  all  the  acts  and  duties  required  of  me  as  sheriff  aforesaid. 

In  witness  whereof  I  have  hereunto  set  my  hand  this  ....  day  of 
,  A.  D.  19.. 


Sheriff  of  the  County  of 

R.  S.  Art.  4896  (4520). 

Every  person  so  appointed  shall,  before  he  enters  upon  the  duties  of 
his  office,  take  and  subscribe  to  the  oath  of  office  prescribed  by  the  Con- 
stitution, which  shall  be  indorsed  on  his  appointment,  together  with  the 
certificate  of  the  officer  administering  the  same. 


No.  168. 

DEPUTY  SHERIFF'S  BOND  TO  THE  SHERIFF. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  we, ,  as  principal, 

and  and ,  as  sureties,  are  held  and  firmly 

bound  unto ,  sheriff  of  the  county  of ,  in  the  sum 

of dollars,  to  be  paid  to  the  said , .,  his  executors,  ad- 
ministrators or  assigns,  for  which  payment,  well  and  truly  to  be  made, 
we  bind  ourselves,  our  heirs,  executors  and  administrators,  jointly  and 
severally,  by  these  presents. 

Signed  with  our  hands  and  dated  this  ....  day  of ,  A.  D.  19. . 

Whereas,  the  above  bounden has  been  appointed  to  the 

office  of  deputy  sheriff  of  the  county  of ,  in  the  State  of  Texas, 

by  the  said as  such  sheriff :  Now  the  condition  of  this  obli- 
gation is  such,  that  if  the  above  bounden shall  well  and 

faithfully  execute  and  discharge  the  duties  of  said  office  of  deputy 
sheriff,  during  his  continuance  therein  without  any  deceit,  fraud,  delay, 
neglect  or  oppression,  and  shall  save  harmless  and  indemnify  the  said 

,  his  executors  and  administrators,  from  and  against  all 

acts  or  doings,  or  neglect  of  duty  of  him,  the  said ,  as  such 

deputy  sheriff,  and  pay  off  and  discharge  and  save  him  harmless  of  and 
from  all  judgments,  penalties,  fines,  costs,  charges  and  damages  in  any 

action  or  proceeding  that  may  be  brought  against  the  said 

as  such  sheriff,  by  reason  of  any  act  or  omission  done,  committed  or  suf- 
fered by  the  said as  such  deputy  sheriff;  and  will  likewise 


118  TEXAS  CIVIL  FORM  BOOK. 

pay  and  discharge  and  save  the  said harmless  from  any 

costs  and  expenses  he  may  incur  or  be  put  to  in  defending  any  action 
or  proceeding  commenced  against  him  as  such  sheriff,  by  reason  of  any 

acts  or  doings  or  neglect  of  duty  of  him,  the  said ,  as  such 

deputy  sheriff,  whether  such  action  or  proceeding  is  rightfully  brought 

against  the  said as  such  sheriff,  or  not ;  and  that  the  said 

will  pay  to  the  said ,  as  such  sheriff,  his  pro- 
portion of  the  legal  fees  received  by  him,  the  said ,  at  any 

time    as   such    deputy   sheriff,    as    aforesaid;   and   also    that    the   said 

will,  at  the  termination  of  his  appointment  as  such  deputy 

sheriff,  account  to  and  with  the  said ,  his  representatives, 

assigns  or  duly  authorized  agent,  for  all  moneys  collected  or  received  by 
him  as  such  deputy  sheriff  as  aforesaid,  including  all  legal  fees  for  ser- 
vices as  such  deputy  sheriff;  and  will  pay  over  all  moneys  collected  by 
him  as  aforesaid,  and  remaining  in  his  hands,  as  well  as  the  portion  or 

share  of  the  legal  fees  received  by  him  the  said .,  as  such 

deputy  sheriff  as  aforesaid,  then  this  obligation  to  be  null  and  void, 
otherwise  to  remain  in  full  force  and  effect. 
In  testimony  -whereof,  witness  our  hands. 


R.  S.  Art.  4897   (4521). 


No.  169. 
APPOINTMENT  OF  CLERK  PRO  TEMPORE. 

vs No In   Court  of 

County,  Texas,    ....    day  of    ,  A.  D.  19.. 

It  appearing  to  the  court  that ,  the  clerk  of  this  court, 

is  a  party  to  the  above  entitled  cause,  it  is  ordered  by  the  court  that 

be  and  he  is  hereby  appointed  clerk  pro  tempore  for  the 

purposes  of  said  suit. 

R.  S.  Arts.  1080,  1135. 

The  appointment  may  be  made,  by  a  district  or  county  judge,  either 
in  term  time  or  in  vacation,  on  application  of  any  person  interested,  or 
of  his  own  motion. 

Any  person  so  appointed  clerk  pro  tempore  shall  take  the  oath  to 
faithfully  and  impartially  perform  the  duties  of  such  appointment,'  and 
shall  also  enter  into  bond,  payable  to  the  State  of  Texas,  with  one  or 
more  good  and  sufficient  sureties,'  in  such  amount  as  may  be  required  by 
the  judge,  to  be  approved  by  him,  and  conditioned  for  the  faithful  per- 
formance of  his  duties  under  such  appointment. 

R.  S.  Arts.  1081,  1137. 


TEXAS  CIVIL  FORM  BOOK.  119 

No.  170. 

BOND  OF  CLERK  PRO   TEMPORE. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  we, ,  as  principal, 

and  and  ,  as  sureties,  are  held  and  firmly 

bound  unto  the  State  of  Texas  in  the  penal  sum  of dollars,  for  the 

payment  of  which,  well  and  truly  to  be  made,  we  bind  ourselves,  our 
heirs,  executors  and  administrators,  jointly  and  severally,  by  these 
presents. 

Signed  with  our  hands  and  dated  this  ....  day  of ,  A.  D.  19.  . 

Whereas,  the  above  bounden has  been  appointed  clerk 

pro  tempore  by  the  judge  of  the court  of County, 

Texas,  in  a  cause  pending  in  said  court,  in  which is  plain- 
tiff and is  defendant :  Now  therefore  the  condition  of  this 

obligation  is  such,  that  if  the  said shall  faithfully  perform 

his  duties  under  such  appointment,  then  this  obligation  shall  be  void, 
otherwise  to  remain  in  full  force  and  effect. 

In  testimony  whereof,  witness  our  hands. 


R.  S.  Arts.  1081,  1137. 


No.  171. 
NOTARY  PUBLIC  BOND. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  we, ,  as  principal, 

and  and  ,  as  sureties,  are  held  and  firmly 

bound  unto ,  Governor  of  the  State  of  Texas,  and  his  suc- 
cessors in  office,  in  the  sum  of  one  thousand  dollars,  for  the  payment  of 
which,  well  and  truly  to  be  made,  we  bind  ourselves,  our  heirs,  executors 
and  administrators,  jointly  and  severally,  by  these  presents. 

Signed  with  our  hands  and  dated  this  ....  day  of ,  A.  D.  19.  . 

The  condition  of  the  above  obligation  is  such  that,  whereas,  the  above 

bouuden was,  on  the  ....  day  of ,  A.  D.  19 . .,  duly 

appointed  to  the  office  of  notary  public  in  and  for County,  in 

the  State  of  Texas:  N"ow  therefore  if  the  said shall  faith- 
fully perform  and  discharge  all  the  duties  required  of  him  by  law  as 
notary  public  aforesaid,  then  this  obligation  to  be  null  and  void,  other- 
wise to  remain  in  full  force  and  effect. 

In  testimony  whereof,  witness  our  hands. 


R.  S.  Art.  3504. 


120  TEXAS  CIVIL  FORM  BOOK. 

The  notarial  bond  of  a  justice  of  the  peace,  instead  of  the  words, 
"  duly  appointed  to  the  office  of  notary  public,"  read,  "  has  been  elected 

to  the  office  of  justice  of  the  peace  in  precinct  No and  is  ex  officio 

notary  public." 

Said  justice  of  the  peace  shall  also  take  and  subscribe  the  oath  of 
office  prescribed  by  the  Constitution. 


No.  172. 
JUSTICE  OF  THE  PEACE  BOND. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  we, ,  as  principal, 

and  and  ,  as  sureties,  are  held  and  firmly 

bound  unto ,  county  judge  of  the  county  of ,  in 

the  State  of  Texas,  and  his  successors  in  office,  in  the  sum  of  one 
thousand  dollars,  for  the  payment  of  which,  well  and  truly  to  be  made, 
we  bind  ourselves,  our  heirs,  executors  and  administrators,  jointly  and 
severally,  by  these  presents. 

Signed  with  our  hands  and  dated  this  ....  day  of ,  A.  D.  19. . 

The  condition  of  the  above  obligation  is  such  that,  whereas,  the  above 

bounden was,  on  the  ....  day  of ,  A.  D.  19 .  .,  duly 

elected  to  the  office  of  justice  of  the  peace  in  and  for  precinct  No , 

in County,  State  of  Texas :  Now  therefore  if  the  said 

shall  faithfully  and  impartially  discharge  and  perform  all 

the  duties  required  of  him  by  law  as  justice  of  the  peace  aforesaid,  and 
will  promptly  pay  over  to  the  party  entitled  to  receive  it,  all  moneys 
that  may  come  into  his  hands  during  his  term  of  office,  then  this  obliga- 
tion to  be  void,  otherwise  to  remain  in  full  force  and  effect. 

In  testimony  whereof,  witness  our  hands. 


R.  S.  Art.  1560   (1533). 

This  law  shall  apply  to  all  justices  of  the  peace  appointed  by  the 
Bounty  commissioners'  court.  Each  justice  of  the  peace  shall  take  the 
oaih  of  office  prescribed  in  the  Constitution. 

R.   S-  Art.   1564    (1535). 


TEXAS  CIVIL  FORM  BOOK.  121 

No.  173. 

COLLECTOR  OF  TAXES  BOND. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  we, ,  as  principal, 

and  and  ,  as  sureties,  are  held  and  firmly 

bound  unto ,  Governor  of  the  State  of  Texas,  and  his  suc- 
cessors in  office,  in  the  sum  of dollars,  for  the  payment  of  which, 

well  and  truly  to  be  made,  we  bind  ourselves,  our  heirs,  executors  and 
administrators,  jointly  and  severally,  by  these  presents. 

Signed  with  our  hands  and  dated  this  ....  day  of ,  A.  D.  19. . 

The  condition  of  the  above  obligation  is  such  that,  whereas,  the  above 

bounden was,  on  the  ....  day  of ,  A.  D.  19 .  .,  duly 

elected  to  the  office  of  collector  of  taxes  in  and  for County,  in 

the  State  of  Texas :  Now  therefore  if  the  said shall  faith- 
fully perform  and  discharge  all  the  duties  required  of  him  by  law  as 
collector  of  taxes  aforesaid,  for  and  during  the  full  term  for  which  he 
was  elected,  then  this  obligation  .to  be  void,  otherwise  to  remain  in  ful- 
force  and  effect. 

In  testimony  whereof,  witness  our  hands. 


R.  S.  Art.  5157  (4732). 

Said  bond  shall  be  signed  by  at  least  three  good  and  sufficient  sureties, 
to  be  approved  by  the  commissioners'  court  of  this  county,  subject  to  the 
approval  of  the  Comptroller,  in  a  sum  which  shall  be  equal  to  the  whole 
amount  of  the  State  tax  of  the  county  as  shown  by  the  last  preceding 
assessment.  The  party  making  the  bond  shall  also  take  and  subscribe 
the  oath  prescribed  by  the  Constitution. 

The  collector  of  taxes  shall  also  give  a  like  bond,  with  like  conditions, 
to  the  county  judge  of  his  county,  and  his  successors  in  office,  in  a  sum 
not  less  than  the  whole  amount  of  the  county  tax  of  his  county,  as 
shown  by  the  last  preceding  assessment. 

R.  S.  Art.  5159  (4734). 


No.  174. 
OATH  OF  PERSON  RENDERING  PROPERTY  FOR  TAXATION. 

"I,  .  .^ (....,  do  solemnly  swear  (or  affirm)  that  the  above  in- 
ventory, rendered  by  me,  contains  a  full,  true  and  complete  list  of  all 
taxable  property  owned  or  held  by  me  in  my  own  name  (or  for 

,  as  the  case  may  be)  in  this  county,  subject  to  taxation 

in  this  county,  and  personal  property  not  in  this  county  subject  to 


122  TEXAS  CIVIL  FORM  BOOK. 

taxation  in  this  county,  by  the  laws  of  this  State,  on  the  first  day  of 
January,  A.  D.  19. .,  and  that  I  have  true  answers  made  to  all  questions 
propounded  to  me  touching  the  same,  so  help  me  God." 

R.  S.  Art.  5098   (4702),    1895,  amended  by  art.  5098,  25th  Leg.,  p.  204. 


No.  175. 

AFFIDAVIT  OF  ASSESSOR  VERIFYING  HIS  ROLLS  OR  ASSESSMENT 

BOOKS. 

The  State  of  Texas,  County  of 

1, ,  assessor  of County,  do  solemnly  swear  that 

the  rolls  (or  books)  to  which  this  is  attached  contain  a  correct  and  full 

list  of  all  the  real  and  personal  property  subject  to  taxation  in 

County,  so  far  as  I  have  been  able  to  ascertain  the  same;  that  I  have 
sworn  every  person  listing  property  to  me  in  the  county  or  caused  the 
same  to  be  done  in  manner  and  form  as  provided  by  law,  and  that  the 
assessed  value  set  down  in  the  proper  column  opposite  the  several  kinds 
and  descriptions  of  property  is  the  true  and  correct  valuation  thereof  as 
ascertained  by  law,  and  that  the  footings  of  the  several  columns  in  said 
books,  and  the  tabular  statement  returned  are  correct,  as  I  verily  believe. 

R.  S.  Art.  5130   (4721),  1895,  amended  by  25th  Leg.  (1897),  art.  5130,  p.  205. 


No.  176. 
BOND  OF  ASSESSOR. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  we, ,  as  principal, 

and ,  and ,  as  sureties,  are  held 

and  firmly  bound  unto ,  Governor  of  the  State  of  Texas, 

and  his  successors  in  office,  in  the  sum  of dollars,  for  the  payment 

of  which,  well  and  truly  to  be  made,  we  bind  ourselves,  our  heirs,  execu- 
tors and  administrators,  jointly  and  severally. 

Whereas,  the  above  bounden  has  been  elected  to  the 

office  of  assessor  of  taxes  in  and  for  the  county  aforesaid,  at  the  general 
election  held  therein  on  the  . .  .  day  of ,  A.  D.  19. . :  Now  there- 
fore the  condition  of  this  obligation  is  such  that  if  the  said 

shall  faithfully  discharge  all  the  duties  of  said  office,  then  the  above 
obligation  to  be  void,  otherwise  to  remain  in  full  force  and  effect. 

Witness  our  hands  this  ....  day  of ,  A.  D.  19.  . 


R.  S.  Art.  5091   (4695). 


TEXAS  CIVIL  FORM  BOOK.  123 

Said  bond  shall  be  approved  by  the  commissioners'  court. 
The  assessor  of  taxes  shall  give  a  like  bond  with  like  conditions  pay- 
able to  the  county  judge  of County,  and  his  successors  in  office. 

R.  S.  Art.  5094  (4698). 


No.  177. 

THE  OATH  OF  COUNTY  CLERK  OR  DEPUTY  ON  RECEIVING  ENVELOPE 

CONTAINING   THE   NAMES   OF   PERSONS   SELECTED   BY   THE 

JURY  COMMISSIONERS  OF  THE  DISTRICT  COURT 

AS  GRAND  AND  PETIT  JURORS. 

"  You  do  solemnly  swear  that  you  will,  to  the  best  of  your  ability, 
safely  keep  this  envelope,  and  that  you  will  neither  open  the  same  nor 
allow  it  to  be  opened,  except  as  provided  by  law ;  and  that  you  will  cause 
it  to  be  delivered  to  the  jury  commissioners  of  the  county  court  next 
hereafter  appointed  in  and  for  this  county." 

R.   S.  Art.   3166    (3038). 


No.  178. 

THE  OATH  OF  DISTRICT  CLERK  OR  DEPUTY  ON  RECEIVING  ENVELOPE 

CONTAINING  THE  NAMES  OF  PERSONS  SELECTED  BY  THE  JURY 

COMMISSIONERS  OF  THE  COUNTY  COURT  AS  JURORS. 

"  You  do  solemnly  swear  that  you  will,  to  the  best  of  your  ability, 
safely  keep  this  envelope,  and  that  you  will  neither  open  the  same  nor 
allow  it  to  be  opened,  except  as  provided  by  law,  and  that  you  will  cau^e 
it  to  be  delivered  to  the  jury  commissioners  of  the  district  court  next 
hereafter  appointed  in  and  for  this  county." 

R.  S.  Art.  3170  (3042). 


No.  179. 

OATH  OF  OFFICE. 
(COUNTY  COMMISSIONER  AND  COUNTY  JUDGE.) 

I, ,  do  solemnly  swear  (or  affirm)  that  I  will  faithfully 

and  impartially  discharge  and  perform  all  the  duties  incumbent  upon 

me  as according  to  the  best  of  my  skill  and  ability,  agreeably  to 

the  Constitution  and  laws  of  the  United  States  and  of  this  State;  and  1 
do  further  solemnly  swear  (or  affirm)  that,  since  the  adoption  of  the 
Constitution  of  this  State,  I,  being  a  citizen  of  this  State,  have  not 
fought  a  duel  with  deadly  weapons  within  this  State  nor  out  of  it,  nor 
have  1  sent  or  accepted  a  challenge  to  fight  a  duel  with  deadly  weapons, 
nor  have  I  acted  as  second  in  carrying  a  challenge,  or  aided,  advised  or 


124  TEXAS  CIVIL  FORM  BOOK. 

assisted  any  person  thus  offending;  and  I  furthermore  solemnly  swear 
(or  affirm)  that  I  have  not,  directly  or  indirectly,  paid,  offered  or  prom- 
ised to  pay,  contributed  or  promised  to  contribute,  any  money  or  val- 
uable thing,  or  promised  any  public  office  or  employment,  as  a  reward 
for  the  giving  or  withholding  a  vote  at  the  election  at  which  I  was 
elected  (or,  if  the  office  is  one  of  appointment,  to  secure  my  appoint- 
ment), and  I  furthermore  solemnly  swear  (or  affirm)  that  I  will  not  be, 
directly  or  indirectly,  interested  in  any  contract  with  or  claim  against 
the  county,  except  such  warrants  as  may  issue  to  me  as  fees  of  office. 
So  help  me  God. 

[Signed] 

Sworn  to  and  subscribed  before  me,  at ,  this  ....  day  of 

,  A.  D.  19.. 


OATH   OF    OFFICE. 

I, ,  do  solemnly  swear  (or  affirm)  that  I  will  faithfully 

and  impartially  discharge  and  perform  all  the  duties  incumbent  upon 

me  as according  to  the  best  of  my  skill  and  ability,  agreeably 

to  the  Constitution  and  laws  of  the  United  States  and  of  this  State;  and 
I  do  further  solemnly  swear  (or  affirm)  that,  since  the  adoption  of  the 
Constitution  of  this  State,  I,  being  a  citizen  of  this  State,  have  not 
fought  a  duel  with  deadly  weapons  within  this  State  nor  out  of  it,  nor 
have  I  sent  or  accepted  a  challenge  to  fight  a  duel  with  deadly  weapons, 
nor  have  I  acted  as  second  in  carrying  a  challenge,  or  aided,  advised  or 
assisted  any  person  thus  offending;  and  I  furthermore  solemnly  swear 
(or  affirm)  that  I  have  not,  directly  or  indirectly,  paid,  offered  or  prom- 
ised to  pay,  contributed  or  promised  to  contribute,  any  money  or  val- 
uable thing,  or  promised  any  public  office  or  employment,  as  a  reward 
for  the  giving  or  withholding  a  vote  at  the  election  at  which  I  was 
elected.  So  help  me  God. 


Sworn  to  and  subscribed  before  me,  at ,  this  ....  day  of 


The  State  of  Texas,  County  of 

The  foregoing  bond  of as in  and  for 

County  and  State  of  Texas,  this  day  approved  in  open  commissioners' 
court. 


County  Judge  ........  County. 

Dated 19.. 

Attest:  .  ...  Clerk  County  Court  .  .  Countv. 


TEXAS  Ci\7iL  FORM  BOOK.  125 

The  State  of  Texas,  County  of 

I, ,  county  clerk  in  and  for  said  county,  do  hereby  cer- 
tify that  the  foregoing  bond,  dated  the  ....  day  of ,  19. .,  with  its 

certificates  of  authentication,  was  filed  for  record  in  my  office  the  .... 

day  of ,  19.  .„  at  ...  o'clock  .  .  m.,  and  duly  recorded  the  . . . 

day  of ,  19. .,  at  . . .  o'clock  .  .m.,  in  the  records  of  official  bonds 

of  said  county,  in  Vol on  page  .... 

Witness  my  hand  and  the  seal  of  the  County  Court  of  said  county,  at 
office  in ,  Texas,  the  day  and  year  last  above  written. 


Clerk  County  Court County, 

By ,  Deputy, 


No.  180. 
OATH  OF  JURY  IN  COUNTY  AND  DISTRICT  COURT  IN  CIVIL  CASES. 

"  You,  and  each  of  you,  do  solemnly  swear  that  in  all  cases  between 
parties  which  shall  be  to  you  submitted,  you  will  a  true  verdict  render, 
according  to  the  law,  as  it  may  be  given  you  in  charge  by  the  court,  and 
to  the  evidence  submitted  to  you  under  the  rulings  of  the  court,  so  help 
you  God." 

R.  S.  Art.  3227   (3099). 

«  »  • 

• 

No.  181. 

OATH   OF  JURY  COMMISSIONERS  FOR   DISTRICT  COURT. 

"You  do  swear  faithfully  to  discharge  the  duties  required  of  you  as 
jury  commissioners;  that  you  will  not  knowingly  elect  any  man  as  a 
juryman  whom  you  believe  to  be  unfit  and  not  qualified;  that  you  will 
not  make  known  to  anyone  the  name  of  any  juryman  selected  by  you 
and  reported  to  the  court;  that  you  will  not,  directly  or  indirectly,  con- 
verse with  anyone  selected  by  you  as  a  juryman  concerning  the  merits 
of  any  case  to  be  tried  at  the  next  term  of  this  court  until  after  said 
cause  may  be  tried  or  continued,  or  the  jury  discharged." 

R.  S.  Art.  3149  (3021). 


No.  182. 
OATH  OF  JURY  COMMISSIONERS  FOR  COUNTY  COURT. 

"  You  do  solemnly  swear  faithfully  to  discharge  the  duties  required 
of  you  as  jury  commissioners;  that  you  will  not  knowingly  elect  any 
man  as  a  juryman  whom  you  believe  to  be  unfit  and  not  qualified;  that 
you  will  not  make  known  to  anyone  the  name  of  any  juryman  selected" 
by  you  and  reported  to  the  court ;  that  you  will  not,  directly  or  indirectly, 
communicate  with  anyone  selected  by  you  as  a  juryman  concerning  the 
merits  of  any  case  to  be  tried  by  this  court  within  the  next  six  months, 
until  said  cause  shall  have  been  tried  or  otherwise  disposed  of." 

R.  S.  Art.  3156   (3028). 


126  TEXAS  CIVIL  FORM  BOOK. 

No.  183. 

OATH  OF  CLERK  OF  COURT  AND  EACH  OF  HIS  DEPUTIES  NOT  TO  OPEN 

JURY  LISTS. 

"You  do  solemnly  swear  that  you  will  not  open  the  jury  lists  now 
delivered  to  you,  nor  permit  them  to  be  opened  until  the  time  prescribed 
by  law;  that  you  will  not,  directly  nor  indirectly,  converse  or  communi- 
cate with  anyone  selected  as  a  juror  concerning  any  case  pending  for 
trial  in  this  court  at  its  next  term,"  if  in  the  district  court;  or  if  in  the 
county  court,  "  within  the  next  six  months." 

R.  S.  Art.  3163  (3035). 

If  for  any  reason  such  oath  should  not  be  administered  to  any  of  the 
deputies,  or  should  the  clerk  subsequently  appoint  a  deputy,  the  clerk 
shall  administer  to  such  deputy  a  like  oath. 
R.  S.  Art.  3164  (3036). 


No.  184. 
CERTIFICATE  OF  DEPUTATION. 

The  State  of  Texas,  County  of 

I, ,  county  clerk  of  said  county  and  State,  do  hereby  cer- 
tify that \ms,  on  the  ....  day  of ,  A.  D.  19. .,  ap- 
pointed deputy  by of  said  county,  and  has  qualified  as  the 

law  directs,  and  that  his  official  acts  as  such  deputy  are  entitled  to  full 
faith  and  credit. 

Given  under  my  hand  and  seal  of  office  at ,  Texas,  this  .... 

day  of ,  A.  D.  19.. 


Clerk  County  Court County,  Texas. 

By ,  Deputy. 


CERTIORARI. 

1.  Certiorari  to  the  County  Court.     R.  S.  Arts.  332-340   (290-298). 

2.  Certiorari  to  Justice's  Court.     R.  S.  Arts.  341-360   (299-318). 

No.  185. 

APPLICATION  FOR  CERTIORARI  TO  THE  COUNTY  COURT. 


The  State  of  Texas,  County  of In  District  Court  of 

County,  Texas, Term,  A.  D.  19. .,  in  Probate. 

To  the  Honorable ,  Judge  of  said  Court : 

Now  comes  your  petitioner ,  a  resident  citizen  of 

County,  Texas,  complaining  of ,  who  resides  in 


TEXAS  CIVIL  FORM  BOOK.  127 

County,  State  of  Texas,  and  respectfully  represents  to  the 

court:  that  heretofore,  to  wit,  on  the  ....  day  of ,  A.  D.  19. ., 

petitioner  was  duly  appointed  by  the  County  Court  of County, 

Texas,  administrator  of  the  estate  of ,  deceased,  and  on  the 

same  day  duly  qualified  and  received  letters  of  administration;  that  ad- 
ministration on  said  estate  is  now  open  and  pending  in  said  court.  That 

heretofore,  to  wit,  on  the  ....  day  of ,  A.  D.  19.  .,  the  defendant 

,  representing  himself  to  be  the  guardian  of , 

the  only  child  and  heir  at  law  of  said ,  deceased,  filed  in 

said  court  his  complaint  against  this  plaintiff  for  neglecting  to  present 
his  final  account,  and  to  cause  this  petitioner  to  be  cited  to  present  such 
account  on  or  before  the  ....  day  of ,  A.  D.  19 .  . 

That  in  obedience  to  said  citation,  your  petitioner  did  make  out  his 
account  for  final  settlement,  and  verify  the  same  by  his  affidavit,  and 

did,  on  or  about  the  ....  day  of ,  A.  D.  19 .  .,  file  said  account  and 

vouchers  in  said  court. 

That ,  an  attorney  of  said  court,  was  then  retained  by 

your  petitioner  to  appear  in  said  court  and  represent  him  on  the  hear- 
ing of  said  complaint,  and  to  represent  him  in  all  matters  pertaining 
to  the  administration  of  said  estate  and  pending  in  said  court. 

That  your  petitioner,  relying  upon  his  said  attorney  to  appear  for 
and  represent  him,  was  called  away  from  his  home  to  attend  to  impor- 
tant business  in County,  Texas,  and  was  necessarily  absent  from 

saicl  court  during  the  entire  term,  commencing  on  the  ....  day  of , 

A.  D.  19.. 

That  said ,  his  attorney  as  aforesaid,  was  necessarily  ab- 
sent from  said  court  on  account  of  severe  sickness  in  his  family,  and 
that  your  petitioner  was  not  represented  on  the  hearing  of  said  cause. 

That  at  said  term  of  the  court,  to  wit,  on  the  ....  day  of ,  A.  D. 

19. .,  said  complaint  came  on  to  be  heard,  and  said  court  proceeded  to 
restate  said  account,  and  rejected  the  following  items  of  credit  therein 

stated,  to  wit: (here  mention  the  errors  complained  of).  And 

thereupon  entered  judgment,  requiring  this  petitioner  to  pay  over  to 

the  defendant  guardian  as  aforesaid  the  sum  of dollars.  Plaintiff 

says  that  each  and  all  of  the  items  above  stated  were  and  are  just  and 
legal  charges  against  the  estate  of  said  minor,  and  ought  to  have  been 
allowed  on  said  settlement,  and  the  judgment  rendered  as  aforesaid  is 
erroneous  and  unjust. 

Wherefore  your  petitioner  prays  for  a  writ  of  certiorari,  commanding 

the  proper  officer  of County  to  cite  the  clerk  of  the  county 

court  of  said  county  to  make  out  a  certified  transcript  of  the  proceed- 
ings had  in  the  estate  of  .  . . ,  deceased,  in  the  matter  of  the 

final  settlement  of  the  account  of  your  petitioner,  administrator  as  afore- 
said, transmit  the  same  to  this  court,  on  or  before  the  return  day  of 
the  next  term  thereof;  that  the  defendant  be  cited  to  answer  this  peti- 
tion; that  said  cause  be  tried  de  novo,  and  that  your  petitioner  have 


]28  TEXAS  CIVIL  FORM  BOOK. 

judgment  re-establishing  said  several  items  of  credit  as  just  and  legal 
credits  on  said  account,  and  for  general  and  equitable  relief,  and  for 
all  costs  of  suit. 


R.  S.  Art.  333  (291). 

FORM  OF   ORDER   OF  JUDGE. 

(See  No.  188.) 

FORM  OF  BOND  FOR  COSTS. 

vs No.  3.    In  the Court  of 

County,  Texas. 

Know  all  men  by  these  presents,  that  we, ,  as  principal, 

and - .  .  and ,  as  sureties,  do  hereby  acknowledge 

ourselves  bound  to  pay the  sum  of dollars,  condi- 
tioned that  the  said ,  plaintiff  in  the  above  entitled  suit, 

will  pay  all  costs  that  may  be  adjudged  against  him  in  said  suit  during 
the  pendency  or  at  the  final  determination  thereof,  and  judgment  for 
said  costs  may  be  rendered  against  us. 

Witness  our  hands  this  ....  day  of ,  A.  D.  19. . 


R.  S.  Art.  334   (292). 

FORM    OF   BOND   IN    CERTIORABI. 

The  State  of  Texas,  County  of Estate  of . .  ., 

Deceased. 

Whereas,  in  a  certain  proceeding  in  the  County  Court  of 

County,  Texas,  sitting  in  a  matter  of  probate  at  the term,  A.  D. 

19.  .,  the  following  judgment  was  rendered,  to  wit, .,  (here  set 

out  the  judgment) ;  And  whereas, has  obtained  from  the 

District  Court  of County  a  writ  of  certiorari  to  said  county 

court  to  remove  said  cause  to  our  said  district  court  in  and  for  said 
county,  and  the  amount  of  bond  to  be  given  has  been  fixed  by  said 

district  court  at dollars :  Now  therefore  we,  ,  as 

principal,  and and ,  as  sureties,  acknowledge 

ourselves  bound  to  pay (the  adverse  party)  the  sum  of 

dollars,  conditioned  that  the  said will  perform  the 

judgment  of  the  District  Court  of County  in  case  said  judg- 
ment shall  be  against  him,  the  said 

Witness  our  hands  this  ....  day  of ,  A.  D.  19. . 


R.  S.  Art.  335  (293). 


TEXAS  CIVIL  FORM  BOOK.  129 

No.  186. 

APPLICATION    FOR   CERTIORARI    TO   JUSTICE   OF   THE   PEACE. 
The  State  of  Texas,  County  of In  County  Court  of 


County,   Term,  A.  D.  19. 

To  the  Honorable ,  Judge  of  said  Court: 

Now  comes  your  petitioner ,  a  resident  citizen  of 

County,  Texas  complaining  of ,  who  resides  in 

County,  Texas,  and  respectfully  represents  to  the  court  that 

heretofore,  to  wit,  on  the  ....  day  of ,  A.  D.  19. .,  before  one 

,  a  justice  of  the  peace  of  said  county,  for  precinct  No. 

. . . .,  defendant ,  in  a  certain  suit  wherein  said  defendant 

was  plaintiff  and  your  petitioner  was  defendant,  recovered  a  judgment 

against  your  petitioner,  and  in  favor  of  the  said ,  for  the 

sum  of dollars  and  costs  of  suit,  which  amount  to  the  sum  of 

dollars;  that  on  the  ....  day  of ,  A.  D.  19. .,  the  said 

(justice  of  the  peace)  issued  against  your  petitioner  an 

execution  upon  said  judgment,  which  is  now  in  the  hands  of  one 

,  sheriff  (or  constable,  as  the  case  may  be)  of  said 

Bounty,  who  is  threatening  to  levy  the  same  upon  the  property  of  your 
petitioner. 

Your  petitioner  further  represents  that  said  judgment  is  null  and 
void  in  this,  that  no  writ  or  citation  in  the  suit  in  which  said  judgment 
was  rendered  was  ever  served  upon  petitioner  and  he  never  accepted 
service  nor  entered  his  appearance  therein,  and  had  no  notice  of  the 
pendency  of  said  suit  until  after  the  rendition  of  said  judgment;  that 
he  has  a  just  and  legal  defense  to  said  suit,  which  hy  the  illegal  action 
of  said  justice  he  has  been  precluded  from  setting  up  in  this: 

That  said  suit  was  brought  against  this  petitioner  as  defendant  upon 

fl  certain  promissory  note,  bearing  date  of  the  ....  day  of ,  A.  D. 

19..,  executed  by  your  petitioner  to  this  defendant,  for  the  sum  of 

dollars,  payable  on  the  ....  day  of ,  A.  D.  19 .  .  That  at 

the  maturity  of  said  note  the  amount  due  thereon  was  paid  by  this 
petitioner  to  this  defendant,  who  then  and  there,  in  consideration  thereof, 
promised  this  plaintiff  to  cancel  and  destroy  said  note,  but  defendant, 
in  violation  of  his  said  promise,  did  not  cancel  or  destroy  said  note,  and 
took  judgment  on  the  same  as  aforesaid. 

Your  petitioner  now  says,  that  by  reason  of  the  premises  said  note 
upon  which  said  suit  is  based  had  been  fully  paid  off  and  discharged, 
and  this  defendant  had  and  has  no  cause  of  action  against  this  petitioner. 

Wherefore,  your  petitioner  prays  for  a  writ  of  certiorari,  commanding 

the  said (justice  of  the  peace)  to  transmit  to  the  county 

court  of  said  county,  at  the  next  term  thereof,  a  certified  copy  of  the 
entries  upon  his  docket,  together  with  the  original  papers  of  said  cause, 
and  that  all  further  proceedings  under  said  judgment  and  execution  be 
superseded  and  stayed  until  the  further  order  of  this  court;  that  de- 
Form  Book  —  9. 


130  TEXAS  CIVIL  FORM  BOOK. 

fendant  be  cited  to  answer  this  petition;  that  said  judgment  be  set 
aside,  and  a  new  trial  be  granted  in  this  court,  and  for  such  other  and 
further  relief,  special  and  general,  in  law  and  in  equity,  that  he  may 
be  justly  entitled  to,  and  for  costs  of  suit. 

R.  S.  Art.  345  (303). 

,  being  duly  sworn,  says  that  the  matters  set  forth  in 

the  foregoing  petition  are  true. 

Sworn  to  and  subscribed  before  me,  this  the  ....  day  of ,  A.  D. 

19.. 


Clerk  County  Court, County. 

R.  S.  Art.  344    (302). 


No.  187. 

APPLICATION  FOR  CERTIORARI  TO  JUSTICE  OF  THE  PEACE. 
The  State  of  Texas,  County  of In  County  Court  of  .  .  .  . 


County,  Texas,  Term,  A.  D.  19.  . 

To  the  Honorable ,  Judge  of  said  Court: 

Now  comes  your  petitioner ,    a   resident   citizen   of 

County,  Texas,  complaining  of ,  who  resides  in 

County,  Texas,  and  respectfully  represents  to  the  court  that 

heretofore,  to  wit,  on  the  ....  day  of ,  A.  D.  19.  .,  your  petitioner 

as  plaintiff  instituted  a  suit  against  the  defendant upon  a 

certain  promissory  note  executed  by  defendant  to  this  plaintiff,  for  the 

sum  of dollars,  dated  on  the  ....  day  of ,  A.  D.  19 . .,  and 

due  and  payable  on  the  ....  day  of ,  A.  D.  19. .,  with  legal  inter- 
est from  date,  before  one ,  a  justice  of  the  peace  for  pre- 
cinct No ,  in  and  for  said  county  of ;  that  afterward,  on  the 

....  day  of ,  A.  D.  19. .,  being  a  regular  term  of  said  court,  a 

trial  was  had  in  said  cause;  that  defendant  on  said  trial,  in  defense  of 
said  cause  of  action,  pleaded  a  failure  of  consideration  in  this,  that  said 
note  was  executed  by  said  defendant,  in  consideration  of  a  certain  cow 
sold  by  plaintiff  to  defendant,  and  at  the  time  of  said  sale  warranted 
by  plaintiff  to  be  sound,  and  was  in  fact  unsound,  and  no  other  defense 
was  pleaded  or  relied  on ;  that  on  the  trial  of  said  cause  a  witness  testi- 
fied that  said  note  was  executed  in  consideration  of  the  sale  of  a  cow  as 
above  stated,  and  that  said  cow  soon  after  said  sale  sickened  and  died 

.  • (here  state  any  additional  evidence),  and  no  other  evidence 

whatever  was  offered  or  heard  upon  said  trial;  that  upon  the  trial  afore- 


TEXAS  CIVIL  FORM  BOOK.  131 

said  and  upon  the  above  recited  evidence,  said  justice  rendered  a  judg- 
ment in  favor  of  the  defendant,  and  for  costs  of  suit,  which  your  peti- 
tioner charges  to  be  erroneous,  unjust  and  contrary  to  equity. 

Your  petitioner  now  says  that  he  is  entitled  to  recover  of  defendant 
upon  said  note  upon  which  said  suit  is  based  and  defendant  has  no  legal 
or  equitable  defense  thereto. 

Wherefore,  your  petitioner  prays  for  a  writ  of  certiorari  to  the  said 
,  Esq.,  and  for  a  citation  to  the  said ,  and 

for  such  other  and  further  proceedings  herein  as  the  law  directs. 


,  being  duly  sworn,  says  that  the  matters  set  forth  in 

the  foregoing  petition  are  true. 


Clerk  of  County  Court, County,  Texas. 

R.  S.  Art.  345  (303). 

After  final  judgment  in  a  court  of  a  justice  of  the  peace,  in  any  cause, 
except  in  cases  of  forcible  entry  and  detainer,  said  cause  may  be  removed 
to  the  county  court  by  certiorari. 

R.  S.  Art.  341  (299). 

Application  for  certiorari  must  show,  that  either  the  justice  of  the 
peace  had  not  jurisdiction,  or  that  injustice  was  done  to  the  applicant, 
and  that  such  injustice  was  not  caused  by  his  own  inexcusable  neglect. 

R.  S.  Art.  345  (303). 

Writ  cannot  be  granted  after  ninety  days  from  the  final  judgment  of 
justice  of  the  peace. 
R.  S.  Art.  346  (304). 


No.  188. 
ORDER  OF  JUDGE. 

The   State  of  Texas,  County  of In  the  County  Court  of 

County,  Texas. 

The  within  petition  having  been  presented  to  me  in  open  court  (or  to 
me  in  chambers),  and  having  been  read  and  fully  understood,  it  is  or- 
dered that  a  writ  of  certiorari  do  issue  according  to  law,  and  pursuant 
to  the  prayer  of  the  petition,  upon  the  execution  of  a  bond  by  the  peti- 
tioner in  the  sum  of dollars. 


Judge  of  County  Court, County. 

R.  S.  Art.  342   (300). 


13?  TEXAS  CIVIL  FORM  BOOK. 

No.  189. 

BOND  FOR  CERTIORARI  TO  JUSTICE  COURT. 

The  State  of  Texas,  County  of 

Whereas,  on  the  ....  day  of ,  A.  D.  19 . ., recov- 
ered in  the  justice  court  for  precinct  No ,  in  said  county,  a  judg- 
ment against for  the  sum  of dollars,  and  the  said 

has  obtained  from  the  County  Court  of County  a 

writ  of  certiorari  to  said  justice  court  to  remove  said  cause  to  our  said 

county  court  in  and  for  said  county :  Now  therefore  we, 

as  principal,  and and ,  as  sureties,  acknowl- 
edge ourselves  bound  to  pay  to  said  . .  .*. the  sum  of  ....  dol- 
lars (the  amount  directed  by  the  order),  conditioned  that  the  said 

will  perform  the  judgment  of  the  county  court,  if  the 

same  shall  be  against  him. 

Witness  our  hands  this  ....  day  of ,  A.  D.  19.  . 


Approved  this  ....  day  of ,  A.  D.  19.  . 

Cerk  of  County  Court, County,  Texas. 

R.  S.  Art.  347  (305). 

Bond  shall  be  signed  by  two  or  more  good  and  sufficient  sureties,  ap- 
proved by  the  clerk,  payable  to  the  adverse  party,  in  such  sum  as  the 
judge  shall  direct. 

The  bond  and  affidavit,  with  the  order  of  the  judge,  when  made  in 
vacation,  shall  be  filed  with  the  clerk  of  the  court  to  which  the  same  is 
returnable. 

R.  S.  Art.  348  (306). 

•  »  • 

No.  190. 
WRIT  OF  CERTIORARI  TO  JUSTICE  COURT. 

The  State  of  Texas.     To  the  Sheriff  or  any  Constable  of County 

—  Greeting : 

Whereas,  on  the  ....  day  of ,  A.  D.  19 .  ., recov- 
ered in  the  justice  court  for  precinct  No ,  in  said  county  of , 

a  judgment  against for  the  sum  of dollars  and  costs 

of  suit;  and  whereas  the  said has  obtained  from  the  honor- 
able   ,  judge  of  the  county  court  of County,  an  or- 
der for  a  writ  of  certiorari  to  remove  said  cause  to  the  county  court  of 

said  county,  the  said having  given  bond  as  required  by  law 

and  the  order  of  the  judge: 


TEXAS  CIVIL  FORM  BOOK.  133 

You  will  therefore  serve ,  Esq.,  who  is  the  justice  of  said 

precinct,  with  a  copy  of  this  writ,  whereby  he  is  commanded  to  make 
and  certify  a  copy  of  the  entries  in  the  cause  on  his  docket,  and  trans- 
mit the  same,  with  the  papers  of  said  cause  in  his  possession,  together 
with  a  certified  copy  of  the  bill  of  costs  taken  from  his  fee  book,  to  the 

county  court  of County,  on  or  before  the  first  day  of  the  next 

term  thereof,  to  be  holden  within  and  for  the  county  of ,  at  the 

courthouse  in ,  on  the  ....  Monday  in  ....  next,  being  the  .  . . 

day  of ,  A.  D.  19.  . 

Herein,  fail  not,  but  have  you  then  and  there  before  said  court  this 
writ,  with  your  return  thereon,  showing  how  you  have  executed  the  same. 

Witness  . ,  clerk  of  the  county  court  of  ........  County. 

Given  under  my  hand  and  the  seal  of  said  court,  at  office  in  the  town 
of  ,  this day  of ,  A.  D.  19.  . 


Clerk  of  County  Court, County. 

Issued  this  ....  day  of ,  A.  D.  19.  . 


Clerk  of  County  Court, Count?. 

R.  S.  Art.  343  (301). 

OFFICER'S  RETURN  ON  WRIT. 

Came  to  hand  this  the  ....  day  of- ,  A.  D.  19. .,  at  . . . .  o'clock 

. .  .  m.,  and  executed  on  the  same  day  at     .  .  o'clock  .  .  .  m.,  by  deliver- 
ing a  true  copy  of  this  writ  to  the  within  named ,  justice 

of  the  peace  of  said  precinct  No ,  in  said  county  of ,  at 

,  in County,  Texas.    The  distance  actually  traveled  iu 

the  execution  of  such  process  is  ....  miles. 


Sheriff  of County,  Texa.=. 

The  statute  does  not  make  any  special  provision  as  to  the  mode  of 
service  of  the  writ. 

The  justice  of  the  peace,  as  soon  as  he  is  served  with  said  writ,  shall 
stay  further  proceedings  on  the  judgment  and  forthwith  comply  with 
said  writ;  but  if  there  be  not  time  for  the  transcript  and  papers  to  be 
filed  at  such  first  term,  then  they  shall  be  so  filed  at  the  next  succeed- 
ing term  of  said  court. 

R.  S.  Art.  350  (308). 

Whenever  a  writ  of  certiorari  has  been  issued  the  clerk  shall  forthwith 
issue  a  citation,  as  in  ordinary  cases,  for  the  party  adversely  interested. 
R.  S.  Art.  351   (309). 

The  action  shall  be  docketed  in  the  name  of  the  original  plaintiff  as 
plaintiff,  and  of  the  original  defendant  as  defendant. 
R.  S.  Art.  352   (310). 


134  TEXAS  CIVIL  FOEM  BOOK. 

No.  191. 

FORM  OF  CHARTER. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  we,  the  subscribers,  citizens  of 

the  said  county  of ,  and  State  of  Texas,  under  the  provisions  of 

the  Kevised  Statutes  of  the  State  of  Texas,  do  hereby  form  and  incor- 
porate ourselves  into  a  voluntary  association  for  the  purpose  of 

(here  state  the  purpose  for  which  said  corporation  is  formed),  and  to 
that  end  we  hereby  adopt  and  subscribe  the  following 

CHARTER. 

Article  1.  This  association  shall  be  known  as  the (here  state 

the  name),  by  which  name  it  shall  contract  and  be  contracted  with,  sue 
and  be  sued,  and  transact  all  of  its  business. 

Art.  2.  This  association  is  formed  for  the  purpose  of (here 

state  the  purpose  for  which  said  corporation  is  formed). 

Art.  3.  The  place  of  business  of  the  association  shall  be  the  city  of 
, County,  Texas,  which  shall  be  its  principal  office. 

Art.  4.  Said  association  shall  exist  for  the  term  of years,  and 

at  the  end  of  said  term  this  charter  may  be  continued  by  a  majority 
vote  of  the  stockholders. 

Art.  5.  The  business  of  the  association  shall  be  transacted  by 

directors,  who  shall  be  elected  by  the  stockholders  annually  on  the  .... 

day  of The  following  named  stockholders  are  hereby  declared  to 

be  directors  for  the  first  year,  to  wit : ,  residence , 

Texas;  ,  residence ,  Texas;  ,  resi- 
dence   ,  Texas,  etc. 

Art.  6.  The  capital  stock  of  the  association  shall  be dollars, 

to  be  divided  into shares.  But  said  capital  stock  may  be  in- 
creased to dollars  by  a  vote  of  the  majority  of  the  stockholders. 

In  testimony  whereof,  witness  our  signatures  this  the  ....  da)r  of 
,  A.  D.  19.. 


R.  S.  Art.  643  (507). 

The  charter  of  a  bridge  or  ferry  company  shall  also  state  the  stream 
intended  to  be  crossed  by  the  bridge  or  ferry.  The  charter  of  a  road 
company  shall  also  state,  first,  the  kind  of  a  road  intended  to  be  con- 
structed; second,  the  places  from  and  to  which  the  road  is  intended  to 
be  run;  third,  the  counties  through  which  it  is  intended  to  be  run; 
fourth,  the  estimated  length  of  the  road. 

The  charter  of  an  intended  corporation  must  be  subscribed  by  three 
or  more  persons,  two  of  whom  at  least  must  be  citizens  of  this  State, 
and  must  be  acknowledged  by  them  before  an  officer  duly  authorized 
to  take  acknowledgment  of  deeds;  provided,  etc. 

Arts.  641  and  642,  R.  S.  (1895),  amended  by  25th  Leg.,  1897,  p.  188  Oil,  eas 
salt,  etc.,  companies,  see  26th  Leg.,  1899,  p.  202. 


TEXAS  CIVIL  FORM  BOOK.  135 

CITATION  FOR  PERSONAL  SERVICE. 
No.  192. 

CITATIONS— COUNTY  AND  DISTRICT  COURTS. 
R.   S.  Arts.   1212-1245    (1213-1245). 

The  State  of  Texas.     To  the   Sheriff  or  any  Constable  of 

County  —  Greeting : 

You  are  hereby  commanded  to  summons to  appear  at 

the  next  regular  term  of  the court  of County,  to  be 

held  at  the  courthouse  thereof,  in  the of ,  on  the  .... 

Monday  in ,  A.  D.  19. .,  being  the  . . .  day  of ,  A.  D.  19. ., 

then  and  there  to  answer  a  petition  filed  in  said  court  on  the  ....  day 

of ,  A.  D.  19. .,  in  a  suit  numbered  ....  on  the  docket  thereof, 

wherein is  plaintiff  and is  defendant,  the 

nature  of  plaintiff's   demand  being  as   follows: (Here  state 

briefly,  but  correctly  and  substantially,  the  nature  of  the  demand.) 

(If  the  writ  is  to  be  served  without  the  county  in  which  the  suit  is 

pending,  then  add :   And  you  will  also  deliver  to  the  said 

(or  the  said and each)  the  accompanying  certi- 
fied copy  of  plaintiff's  petition.) 

Herein  fail  not,  but  have  you  before  said  court,  on  the  said  first  day 
of  the  next  term  thereof,  this  writ,  with  your  return  thereon,  showing 
how  you  have  executed  the  same. 

Witness ,  clerk  of  the court  of County. 

Given  under  my  hand  and  the  seal  of  said  court,  at  office  in  the 
of ,  this  the day  of ,  A.  D.  19 . . 


Clerk  of Court  of County. 

R.  S.  Art.  1214  (1215). 

If  there  be  several  defendants,  residing  in  different  counties,  one  cita- 
tion shall  issue  to  each  of  such  counties. 
R.  S.  Art.  1213  (1214). 

Certified  copy  of  plaintiff's  petition  shall  accompany  the  citation,  when 
served  without  the  county  in  which  the  suit  is  pending. 
R.  S.  Art.  1215  (1216). 

In  an  alias  citation  the  commencement  is*:  "  You  are  hereby  com- 
manded, as  before,  that  you  summon,"  etc.  An  alias  pluries  citation 
commences:  "You  are  hereby  commanded,  as  oftentimes  before,  that 
you  summon,"  etc. 

R.  S.  Art.  1227  (1227). 


136  TEXAS  CIVIL  FORM  BOOK. 

No.  193. 

SHERIFF'S  INDORSEMENT  AND  RETURN. 

Came  to  hand  on  the day  of ,  A.  D.  19 .  .,  at o'clock 

...  m.,  and  executed  within  the  said  county  of ,  at , 

Texas,  on  the day  of ,  19 .  . ,  at  ...  o'clock  .  .  m.,  by  deliver- 
ing to  the  within  named ,   in   person,  or  to  the   within 

named and each  in  person),  a  true  copy  of 

this  citation.     (If  served  without  the  county  in  which  the  suit  is  pend- 
ing, then  add :     And  I  also  delivered  to  said ,  in  person 

(or  to  said and ,  each  in  person),  a  certified 

copy  of  plaintiff's  petition.)     The  distance  actually  traveled  in  the  exe- 
cution of  such  process  is  ....  miles. 


Sheriff  of County. 

By ,  Deputy. 

R.  S.  Art.  1225   (1225).     28th  Leg.,  Reg.  Ses.,  p.  6681. 

The  above  form  of  citation  can  be  varied  where  the  suit  is  by  or 
against  one  or  more  in  a  particular  character  or  capacity  or  corporation. 
Thus  if  the  action  be  against  a  partnership  and  in  favor  of  the  plaintiff, 

as  executor,  say :  "  You  are  hereby  commanded  to  summon 

and ,  partners,  to  appear,  etc.,  to  answer  the  petition  of 

,  executor  of  the  last  will  and  testament  of , 

deceased,  filed,"  etc. 

Of  administrator:    "  To  answer  the  petition  of ,  admin- 

i?trator  of  the  estate  of ,  deceased,  filed,"  etc. 

Of  a  surviving  partner :     "  To  answer  the  petition  of   , 

survivor  of and ,  partners." 

Of  husband  and  wife  against  a  domestic  corporation :  "  You  are  hereby 

commanded  to  summon  the company,  of  which is 

president   (here  name  the  president,   treasurer,   secretary,  or  the  local 
agent  who  represents  the  company  in  the  county  in  which  the  suit  is 

pending)  to  appear,  etc.,  to  answer  the  petition  of   and 

,  his  wife,  filed,"  etc. 

Citation  against  a  city :    "  You  are  hereby  commanded  to  summon  the 

city  of ,  of  which is  mayor  "  (or  name  the  clerk, 

secretary  or  treasurer),  etc. 

R.  S.  Arts.  1221-1224   (1222-1224). 

In  suits  against  any  county  the  citation  shall  be  served  on  the  county 
judge  of  such  county. 
R.  S.  Art.  1220  (1221). 

The  writ  must  cite  the  company,  not  the  officer  or  agent. 


TEXAS  CIVIL  FORM  BOOK.  137 

No.  194. 

CITATION  IN  JUSTICE  COURT. 

The   State  of  Texas.     To  the   Sheriff  or  any   Constable   of 

County  —  Greeting : 

You  are  hereby  commanded  that  you  summon  to  ap- 
pear before  me,  at  a  regular  term  of  the  justice's  court  for  precinct 

No ,  in  said  county  of ,  to  be  held  at  my  office  in  the  town 

of  . ,  in  the  county  aforesaid,  on  the  ....  day  of ,  A.  D. 

19.  .,  to  answer  the  suit  of ,  plaintiff,  against , 

defendant,  being  numbered  No on  the  docket  of  said  court,  and 

filed  on  the  ....  day  of ,  A.  1).  19.  .,  the  nature  of  plaintiff's 

demand  being  in  substance  as  follows: (here  state  briefly,  but 

correctly  and  substantially,  the  nature  of  the  plaintiff's  demand).  (If 

upon  a  promissory  note  then  add :  Being  for  the  sum  of dollars, 

due  upon  a  promissory  note  for  dollars,  executed  by  the  said 

to  said on  the  ....  day  of ,  A.  D. 

19.  .,  and  due  on  the  ....  day  of  ,  A.  D.  19.  .,  with  interest 

thereon  from  date  at  the  rate  of  ....  per  cent  per  annum,  and  providing 
for  ten  per  cent  additional  on  both  principal  and  interest  due  thereon,  in 
case  of  suit  or  if  placed  in  the  hands  of  an  attorney  for  collection.) 

Herein  fail  not,  and  of  this  writ  make  due  return  to  the  next  regular 

term  of  the  justice  court  for  precinct  No ,  in  said  county  of 

to  be  held  on  the  ....  day  of ,  A.  I).  19 .  . 

Given  under  my  hand  this  ....  day  of ,  A.  D.  19.  . 


Justice  of  the  Peace,  Precinct  No   .  .  .  .,   ........   County. 

Issued  on  the  ....  day  of  ......  ,  A.  D.  19  .  . 

....  ............  , 

R.  S.  Art.  1600  (1570). 


No.  195. 

NOTICE  TO  SERVE  NONRESIDENT  DEFENDANT. 
The  State  of  Texas.    To  ............  (name  of  defendant)  —  Greeting  : 

Whereas,  ...........   (name  of  plaintiff  here),  of  ........  ,  County 

of  ........  ,  State  of  Texas,  did  on  the  ....  day  of  ......  ,  19.  .,  file  in 

the  ........  court  of  ........  County,  State  of  Texas,  his  petition  in 

suit  No  .....  on  the  civil  docket  of  said  court,  being  suit  brought  by 

the  said  ............  as  plaintiff,  against  ............  as  defendant, 

and  the  nature  of  the  plaintiff's  demand  as  stated  in  the  said  petition 
being  substantially  as  follows,  to  wit:   ........    (here  state  the  nature 

of  plaintiff's  demand). 

And  whereas,  the  said  petition  will  be  heard  by  the  said  .......  court 

of  ........  County,  at  ........  ,  Texas,  on  the  ....  Monday  in  ....... 

19.  .,  being  the  ....  day  of  ......  ,  19.  . 


J38  TEXAS  CIVIL  FORM  BOOK. 

These  are  therefore  to  require  you  to  appear  at  the  time  and  place 
above  stated,  and  answer  said  plaintiff's  petition;  of  which  said  petition 
a  certified  copy  accompanies  this  notice. 

Attest: ,  Clerk  of  the Court  in  and  for 

County,  State  of  Texas. 

Given  under  my  hand  and  seal  of  said  court,  at  office  in , 

Texas,  this day  of ,  A.  D.  19 . . 


Clerk, Court, County,  Texas. 

By ,  Deputy. 

R.  S.  Art.  1230  (1230). 

A  certified  copy  of  plaintiff's  petition  shall  accompany  above  notice. 


No.  196. 
RETURN  OF  SUCH  SERVICE. 

State  of -. .  .,  County  of 

Personally     appeared       before     me,     the     undersigned     authority, 

,  who,  being  by  me  duly  sworn,  deposes  and  says,  that 

on  the   ....    day  of   ,  A.  D.  19 . . ,  at    ....    o'clock    .  .    m.,  in 

County   of    ,    State  of    ,   he   delivered  to 

,  the  defendant  in  person,  a  true  copy  of  this  notice,  with 

a  certified  copy  of  the  plaintiff's  petition  accompanying  same;  and 
further,  that  he  is  an  adult  male,  and  is  in  no  manner  interested  in  this 
suit. 


Sworn  to  and  subscribed  before  me,  this  the   ....   day  of 
A.  D.  19.. 


R.  8.  Art.  1233  (1233). 

Such  notice  may  be  served  by  any  disinterested  person  competent  to 
make  oath  of  the  fact. 
R.  S.  Art.  1231   (1231). 

Service  in  such  cases  shall  be  made  by  the  person  executing  the  same 
delivering  to  the  defendant  in  person  a  true  copy  of  such  notice,  together 
with  the  certified  copy  of  the  plaintiff's  petition  accompanying  the  same. 

R.  S.  Art.  1232  (1232). 


TEXAS  CIVIL  FORM  BOOK.  139 

CITATION  BY  PUBLICATION. 

No.  197. 
AFFIDAVIT  FOR  CITATION  BY  PUBLICATION. 

vs No.  3.    In  the Court, 

County. 

,  plaintiff  in  the  above  entitled  cause,  being  duly  sworn, 

says  that  ,  defendant  therein,  is  a  nonresident  of  this 

State  (or  that  he  is  absent  from  this  State,  or  that  he  is  a  transient  per- 
son, or  that  his  residence  is  unknown  to  this  affiant). 

Wherefore  he  prays  that  a  citation  be  issued  for  service  by  publication. 


Sworn   to   and   subscribed   before   me,   this   the  ....  day   of 
A.  D.  19.. 


Clerk  of Court, County. 

R.  S.  Art.  1235  (1236). 

As  to  affidavit  and  service  by  publication  against  a  life  or  health  in- 
surance company,  see 

R.  S.  Arts.  3064-3070   (2946-2952). 

/ 

In  a  suit  for  the  partition  of  land,  where  defendant  is  unknown,  see 
R.  S.  Art.  3609. 


No.  198. 

CITATION  BY  PUBLICATION. 

The  State  of  Texas.    To  the  Sheriff  or  any  Constable  of 

County  —  Greeting : 

You  are  hereby  commanded  to  summon by  making  pub- 
lication of  this  citation  once  in  each  week  for  four  successive  weeks  pre- 
vious to  the  return  day  hereof,  in  some  newspaper  published  in  your 
county,  if  there  be  a  newspaper  published  therein,  but  if  not,  then  in 

any  newspaper  published  in  the judicial  district;  but  if  there 

be  no  newspaper  published  in  said  judicial  district,  then  in  a  newspaper 

published  in  the  nearest  district  to  said ,  to  appear  at  the 

next   regular  term   of   the Court  of Count)7,   to  be 

holden  at  the  courthouse  thereof  in   ,  on  the  ....  Monday  in 

,  19. .,  the  same  being  the  ....  day  of ,  19. .,  then  anc! 

there  to  answer  a  petition  filed  in  said  court  on  the  ....  day  of , 

19 . . ,  in  a  suit,  numbered  on  the  docket  of  said  court  No ,  wherein 

is  plaintiff  and is  defendant,  said  petition 

alleging (here  give  a  brief  statement  of  the  nature  of  the 

plaintiff's  demand). 


140  TEXAS  CIVIL  FORM  BOOK. 

Herein  fail  not,  but  have  before  said  court  on  the  said  first  day  of 
the  next  term  thereof,  this  writ,  with  your  return  thereon,  showing  how 
you  have  executed  the  same. 

Witness   •....,  Clerk  of  the   Court  of    

County. 

Given  under  my  hand  and  the  seal  of  said  court,  in  the of 

,  this  the day  of ,  A.  D.  19 .  . 

(Seal.)  

Clerk  of Court  of County. 

Issued  this  ....  day  of ,  A.  D.  19.  . 


Clerk  of Court  of County. 

R.  S.  Art.   1235   (1235).     See  also  R.  S.  Arts.  1504b,  3070. 


No.  199. 
SHERIFF'S  RETURN. 

Came  to  hand  on  the  ....  day  of ,  19 .  .,  at  ....  o'clock  .  .  m., 

and  I  executed  the  within  citation  at   ,  in  County, 

Texas,  by  publishing  the  same  in  the ,  a  newspaper  pub- 
lished in  the  county  of (or  a  newspaper  published  in  the 

county  of  ,  in  the  nearest  judicial  district  in  which  a  news- 
paper is  published,  there  being  no  newspaper  published  in  the  said 

judicial  district),  once  in  each  week  for  four  successive  weeks 

(or  eight  successive  weeks,  as  the  case  may  be)  previous  to  the  return 

day  thereof,  said  publication  having  been  made  respectively  on  the , 

.  . . .,  ....  and  ....  days  of ,  A.  D.  19. .,  and  a  printed  copy 

thereof  is  returned  herewith.    The  distance  actually  traveled  in  the  ex- 
ecution of  such  process  is  ....  miles. 


Sheriff  of  County. 

By ,  Deputy. 

FEES  —  Serving  citation $ .... 

Mileage ....  miles $ .... 


Total $ 

R.  S.  Art.  1238  (1238). 

The  return  of  the  officer  executing  such  citation  shall  be  accompanied 
by  a  printed  -copy  of  such  publication,  and  shall  be  signed  by  him 
officially. 


TEXAS  CIVIL  FORM  BOOK.  141 

JUSTICE'S  CERTIFICATE  AND  AFFIDAVIT  OF   A   PERSON   DEPUTED   TO 

SERVE  PROCESS. 

I  hereby  certify  that  I  have  deputed to  execute  this  writ, 

this  being  a  case  of  emergency,  this  ....  day  of ,  A.  D.  19 .. 


Justice  of  the  Peace,  Precinct  No , County. 

I, ,  do  solemnly  swear  to  execute  this  writ  according  to 

law,  so  help  me  God. 


Sworn  to  and  subscribed  before  me,  this  ....  day  of ,  A.  D. 

19.. 


Justice  of  the  Peace,  Precinct  No.   ....-, County. 

R.  S.  Art.  1601   (1571). 


No.  200. 

AFFIDAVIT  FOR  CITATION  TO  UNKNOWN  HEIRS  . 
vs.  Heirs  of No 

(or  ,  the  agent,  or  the  attorney,  of 

,  as  the  case  may  be),  plaintiff  in  the  above  entitled  cause, 

being  duly  sworn,  says  that  the  names  of -the  heirs  of  , 

deceased,  parties  to  said  suit,  are  unknown  to  affiant. 

Wherefore  he  prays  that  citation  may  issue  for  service  by  publication 


Sworn  to  and  subscribed  before  me,  this  the  ....  day  of 
A.  D.  19.. 


Clerk  of Court, County. 

R.  S*  Art.  1236  (1236). 


No.  201. 
CITATION  FOR  UNKNOWN  HEIRS. 

The  State  of  Texas.     To  the  Sheriff  or  any  Constable  of   

County  —  Greeting : 

You  are  hereby  commanded  to  summon  the  heirs  of   ,...., 

deceased,  whose  names  are  unknown,  to  appear  at  the  next  regular  term 

of  the Court  of County,  to  be  held  at  the  courthouse 

thereof,  in  the of ,  on  the  ....  Monday  in   , 


142  TEXAS  CIVIL  FORM  BOOK. 

19. .,  being  the   ....   day  of  ,  A.  D.   19.  .,  then  and  there  to 

answer  a  petition  filed  in  said  court  on  the  ....  day  of ,  19. .,  in 

a  cause  numbered  . . .  .,  wherein is  plaintiff  and  the  un- 
known heirs  of are  defendants,  the  cause  of  action  being 

alleged  as  follows :   (here  give  a  brief  statement  of  the  cause 

of  action). 

You  are  further  commanded  to  serve  this  citation  by  publishing  the 
same  once  in  each  week  for  eight  successive  weeks  previous  to  the  return 
day  hereof,  in  a  newspaper  published  in  your  county;  but  if  no  news- 
paper is  published  in  said  county,  then  in  the  nearest  county  where  a 
newspaper  is  published. 

Herein  fail  not,  but  have  you  before  said  court,  on  the  said  first  day 
of  the  next  term  thereof,  this  writ,  with  your  return  thereon,  showing 
how  you  have  executed  the  same. 

Witness ,  Clerk  of  the Court  of 

County. 

Given  under  my  hand  and  the  seal  of  said  court,  in  the of 

,  this  the  . ...  day  of ,  A.  D.  19 . . 


Clerk  of Court  of County. 

Issued  this  the day  of ,  A.  D.  19 .  . 

Clerk  of Court  of County. 

R.  S.  Art.  1236   (1236). 

Citation  for  unknown  heirs  shall  be  published  once  in  each  week  for 
eight  successive  weeks  previous  to  the  return  day  of  such  citation.  It 
shall  contain  the  same  requisites  as  other  writs. 

R.  S.  Arts.  1346-3609. 

Attorney  for  defendant  must  be  appointed  in  all  cases  by  publication. 
R.  S.  Arts.  1346-3609. 

The  appearance  day  in  such  cases  is  the  appearance  day  of  the  term 
next  succeeding  that  to  which  such  citation  is  returnable. 
R.  S.  Art.  1264  (1264). 


No.  202. 
APPLICATION  FOR  CONTINUANCE— ABSENT  TESTIMONY. 

vs ]STo In  the   Court  of 

County,  Texas,   Term,  A.  D.  19 .. 

Now  comes  ,  plaintiff  in  the  above  entitled  and  num- 
bered cause,  and,  being  duly  sworn,  states  that  he  cannot  safely  go  to 
trial  at  this  term  of  court,  on  account  of  the  absence  of , 


TEXAS  CIVIL  FORM  BOOK.  143 

who  is  a  witness  on  behalf  of  -the  plaintiff ;  that  the  testimony  of  said 

witness  is  material  (here  show  the  materiality) ;  that  he  has 

used  due  diligence  to  procure  the  testimony  of  said  witness 

(here  state  such  diligence  used,  and  the  cause  of  failure,  if  known)  ; 
that  the  testimony  which  said  witness  would  give,  if  present,  cannot 

be  obtained  from  any  other  source;  that  said  witness  resides  in 

County.  Texas,  and  affiant  expects  to  prove  by  said  witness  that  (here 
state  what  is  expected  to  be  proved  by  said  witness);  and  that  a  con- 
tinuance is  not  sought  for  delay  only,  but  that  justice  may  be  done;  that 
this  is  plaintiff's  ....  application  for  continuance. 

Wherefore  plaintiff  prays  the  court  to  continue  this  cause  to  the  next 
term  of  court. 


Sworn  to  and  subscribed  before  me,  this  the   ....    day  of 
A.  D.  19.. 


Clerk  of Court, County,  Texas. 

R.  S.  1278,  amended  by  25th  Leg.,  Reg.  Ses.    (1897),  p.  117. 

First  application  for  continuance,  it  shall  not  be  necessary  to  show 
that  the  absent  testimony  cannot  be  procured  from  any  other  source. 


DEEDS. 
No.  203. 

WARRANTY  DEED,  WITH  SINGLE  ACKNOWLEDGMENT. 
R.  S.  Arts.  624-637  (548-561). 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  I,  (or,  I, 

,  joined  by  my  wife ,  or  husband,  as  the  case 

may  be,  or  we,  and ,  husband  and  wife,  as 

the  case  may  be),  of  the  county ,  State  of  Texas,  for  and  in  con- 
sideration of  the  sum  of  dollars,  to  in  hand  paid  by 

,  the  receipt  of  which  is  hereby  acknowledged  and  con- 
fessed, have  granted,  sold  and  conveyed,  and  by  these  presents  do  grant, 

sell  and  convey,  unto  the  said of  the  county  of , 

^Ute  of ,  all  that  certain  (here  describe  the  property). 

To  have  and  to  hold  the  above  described  premises,  together  with  all 
and  singular  the  rights  and  appurtenances  thereto  in  anywise  belonging, 

unto  the  said  ,  his  heirs  and  assigns  forever;  and  we  do 

hereby  bind  ourselves,  our  heirs,  executors  and  administrators,  to  war- 
rant and  forever  defend,  all  and  singiilar  the  said  premises  unto  the  said 


144  TEXAS  CIVIL  FORM  BOOK. 

f  his  heirs  and  assigns,  against  every  person  whomsoever 

lawfully  claiming,  or  to  claim  the  same,  or  any  part  thereof. 
Witness  ....  hand,  at ,  this  ....  day  of ,  A.  D.  19. . 


Witnesses  at  request  of  grantor: 


R.  S.  Art.  628  (552). 


No.  204. 
SINGLE  ACKNOWLEDGMENT. 

The  State  of  Texas,  County  of 

Before  me,  ,  in  and  for  said  county  and  State,  on  this 

day  personally  appeared ,  known  to  me  (or  proved  to  me 

on  the  oath  of )  to  be  the  person  whose  name  is  subscribed 

to  the  foregoing  instrument,  and  acknowledged  to  me  that  he  executed 
the  same  for  the  purposes  and  consideration  therein  expressed. 

Given  under  my  hand  and  seal  of  office  this   ....   day  of   , 

A.  D.  19.. 

(Seal.)  


See  R.  S.  Art.  4620   (4312). 


No.  205. 

ACKNOWLEDGMENT  BY  A  MARRIED  WOMAN. 

The  State  of  Texas,  County  of 

Before  me, , in  and  for  said  county  and 

State,     on     this    day    personally     appeared     ,     wife    of 

,  known  to  me  to  be  the  person  whose  name  is  subscribed 

to  the  foregoing  instrument,  and  having  been  examined  by  me  privily 
and  apart  from  her  husband,  and  having  the  same  fully  explained  to 

her  she,  the  said ,  acknowledged  such  instrument  to  be  her 

act  and  deed,  and  declared  that  she  had  willingly  signed  the  same  for 
the  purposes  and  consideration  therein  expressed,  and  that  she  did  not 
wish  to  retract  it. 

Given  under  mv  hand  and  seal  of  office  this    .      .   day  of   . 
A.  D.  19.. 


See  R.  S.  Art.  4621   (4313). 


TEXAS  CIVIL  FORM  BOOK.  145 

No.  206. 
CERTIFICATE  OF  COUNTY  CLERK. 

The  State  of  Texas,  County  of 

1, ,  county  clerk  of  said  county,  do  hereby  certify  that 

the  foregoing  instrument  of  writing,  together  with  its  certificates  of  au- 
thentication, was  filed  for  record  in  my  office  the  ....  day  of , 

A.  D.  19. .,  at  ....  o'clock  .  .  m.,  and  duly  recorded  on  the  ....  day 

of ,  A.  D.  19. .,  in  the  deed  records  of  said  county,  in  volume 

,  on  page 

Witness  my  hand  and  official  seal,  at  my  office  in ,  Texas,  this 

day  of ,  A.  D.  19.. 


County  Clerk County,  Texas. 

By ,  Deputy. 


No.  207. 
WARRANTY  DEED— WITH  VENDOR'S  LIEN,  JOINT  ACKNOWLEDGMENT. 

The  State  of  Texas,  County  of 

Know      all    men    by    these    presents,    that    we,   and 

,  husband  and  wife,  of  the  county  of   ,  in  the 

State  aforesaid,  for  and  in  consideration  of  the  sum  of dollars, 

to  us  paid,  and  secured  to  be  paid,  by  as  follows :   

dollars,  cash  in  hand  paid,  the  receipt  of  which  is  hereby  acknowledged 

and  confessed,  and dollars,  evidenced  by promissory  notes 

of  even  date  herewith  for  the  sum  of dollars  each,  executed  by  the 

said ,  due  on  the  ....  day  of ,  A.  D.  19 . .,  and  19 . ., 

each  respectively,  and  payable  to  the  order  of ,  at 

Texas,  bearing  ....  per  cent  per  annum  from  date  until  paid,  interest 
due  and  payable  annually,  and  providing  for  ten  per  cent  additional  on 
the  amount  of  principal  and  interest  then  due  and  attorney's  fees,  if 
placed  in  the  hands  of  an  attorney  for  collection,  or  in  case  suit  is 
brought  on  same,  and  failure  to  pay  said  notes  or  either  of  them  or  any 
installment  of  interest  when  due,  shall,  at  the  option  of  the  holder, 

mature  each  and  all  of  said  notes, have  granted,  sold  and 

conveyed,  and  by  these  presents  do  grant,  sell  and  convey,  unto  the  said 
,  of  the  county  of ,  State  of  Texas,  all  that  cer- 
tain (here  fully  describe  the  property). 

To  have  and  to  hold  the  above  described  premises,  together  with  all 
and  singular  the  rights  and  appurtenances  thereto  in  anywise  belonging 

unto  the  said  ,  his  heirs  and  assigns  forever;  and  we  do 

hereby  bind  ourselves,  our  heirs,  executors  and  administrators  to  war- 
Form  Book  — 10. 


146  TEXAS  CIVIL  FORM  BOOK. 

rant  and  forever  defend  all  and  singular  the  said  premises  unto  the  said 

y  his  heirs  and  assigns  against  .every  person  whomsoever 

lawfully  claiming,  or  to  claim  the  same,  or  any  part  thereof. 

But  it  is  expressly  agreed  and  stipulated  that  the  vendor's  lien  is  re- 
tained against  the  above  described  property,  premises  and  improvements 
until  the  above  described  notes,  and  all  interest  thereon,  are  fully  paid 
according  to  their  face  and  tenor,  effect  and  reading,  when  this  deed 
shall  become  absolute. 

Witness hand,  at ,  this day  of .  A.  D. 

19.. 


Witnesses  at  request  of  grantor: 


R.  S.  Art.  630  (554). 


No.  208. 

JOINT  ACKNOWLEDGMENT. 

The  State  of  Texas,  County  of 

Before  me,   ,  of  the  county ,  in  the  State  of 

Texas,  on  this  day  personally  appeared and    , 

his  wife,  both  known  to  me  (or  proved  to  me  on  the  oath  of ), 

to  be  the  persons  whose  names  are  subscribed  to  the  foregoing  instru- 
ment, and  acknowledged  to  me  that  they  each  executed  the  same  for  the 

purposes  and  consideration  therein  expressed,  and  the  said 

wife  of  the  said ,  having  been  examined  by  me  privily  and 

apart  from  her  husband,  and  having  the  same  fully  explained  to  her, 

she,  the  said  .  . ,  acknowledged  such  instrument  to  be  her  act 

and  deed,  and  declared  that  she  had  willingly  signed  the  same  for  the 
purposes  and  consideration  therein  expressed,  and  that  she  did  not  wish 
to  retract  it. 

Given  under  my  hand  and  seal  of  office  this  ....  day  of  .......  A.  D. 

19.. 


Notary  Public  in  and  for County,  Texas. . 


TEXAS  CIVIL  FORM  BOOK.  147 

No.  209. 

QUITCLAIM  DEED. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  I, ,  of  the  county 

of ,  and  the  State  of  Texas,  for  and  in  consideration  of  the 

sum  of dollars,  to  me  in  hand  paid  by ,  of  the 

county  of ,  and  State  of  Texas,  the  receipt  of  which  is  hereby 

acknowledged,  do,  by  these  presents,  bargain,  sell,  release  and  forever 

quitclaim  unto  the  said ,  his  heirs  and  assigns,  all  my 

right,  title  and  interest  in  and  to  that  certain  tract  or  parcel  of  land 

lying  in  the  county  of  ,  and  State  of  Texas,  described  as 

follows,  to  wit:  (here  describe  the  property  ........). 

To  have  and  to  hold  the  said  premises,  together  with  all  and  singular 
the  rights,  privileges  and  appurtenances  thereto  in  any  manner  belong- 
ing unto  the  said ,  his  heirs  and  assigns,  forever,  so  that 

neither  I,  the  said  .  . .  ., ,  nor  my  heirs,  nor  any  person  or  per- 
sons claiming  under  me  shall,  at  any  time  hereafter,  have,  claim  or  de- 
mand any  right  or  title  to  the  aforesaid  premises  or  appurtenances,  or 
any  part  thereof. 

Witness  my  hand  at ,  Texas,  this  ....  day  of ,  A.  D. 

19.. 


Witnesses  at  request  of  grantor : 


[For  acknowledgment  see  other  deeds. 


No.  210. 
DEED  OF  GIFT. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  I, ,  of  the  county 

of ,  in  the  State  aforesaid,  for  and  in  consideration  of  the  nat- 
ural   love  and   affection   which    I    have   and   bear   for   my   daughter, 

,  have  given,  granted  and  conveyed,  and  by  these  presents 

give,  grant  and  convey  to  the  said ,  of  the  county  of 

,  in  the  State  of  Texas,  all  that  certain  tract,  lot  or  parcel  of 

land,  situate,  lying  and  being  in  the  county  of ,  State  of  Texas, 

in  the survey,  and  more  particularly  described  and  designated 

as  follows,  to  wit :  (here  describe  the  property)  together  with 

all  and  singular,  the  rights,  members  and  appurtenances  to  the  same  in 
any  manner  belonging. 


148  TEXAS  CIVIL  FOEM  BOOK. 

To  have  and  to  hold  said  property  to  her,  the  said ,  her 

heirs  and  assigns  forever. 

Witness  my  hand  this  the  ....  day  of ,  A.  D.  19. . 


Signed  and  delivered  in  the  presence  of 


FORM  OF  ACKNOWLEDGMENT. 

(Same  as  given  in  other  deeds.) 

Every  deed  or  conveyance  of  real  estate  must  be  signed  or  acknowl- 
edged by  the  grantor  in  the  presence  of  at  least  two  credible  subscribing 
witnesses  thereto;  or  must  be  duly  acknowledged  before  some  officer  au- 
thorized to  take  acknowledgments,  and  properly  certified  to  by  him  for 
registration. 

See  R.  S.  Art.  630  (554). 

In  the  conveyance  of  the  separate  lands  of  the  wife  or  the  homestead 
of  a  family,  if  owned  by  a  married  man,  the  wife  shall  join  in  said  con- 
veyance, and  her  separate  acknowledgment  thereof  taken  and  certified 
to  before  the  proper  officer  and  in  the  mode  pointed  out  in  article  4621. 

R.  S.  Art.  635-636   (550-560). 

Art.  635  (1895),  amended  by  Art.  635,  25th  Leg.,  Reg.  Ses.   (1897),  p.  41. 

When  deed  is  made  to  a  married  woman  for  her  own  separate  use  as 
her  separate  property  the  usual  form  of  deed  can  be  used  except  using 

the  following  clauses,  first,  after  the  words  to  me  paid  by  . . .  .• , 

"  out  of  her  own  separate  property  and  estate ;"  after  the  words,  bargain, 

sell  and  release,  unto  the  said ,  "to  her  sole  and  separate 

use  and  benefit;"  after  the  words,  to  have  and  to  hold,  all  and  singular, 

the  premises  above  mentioned  unto  the  said ,  "to  and  for 

her  sole  and  separate  use." 

This  is  necessary  in  order  to  give  notice  that  the  land  is  the  separate 
property  of  the  wife.  Deed  by  attorney,  the  form  given  for  deeds  can 
be  used,  inserting  after  the  words,  know  all  men  by  these  presents,  that 

I, .,  of  said  State  and  county,  "  by  my  attorney  in  fact, 

,  specially  thereto  constituted  by  power  of  attorney,  dated 

on  the  . . .  day  of ,  A.  D.  19. .,  and  recorded  in  the  records  of  said 

county  in  book  .  . .  . ,  on  page  . . . . ,  as  by  reference  thereto  will  more 
fully  appear." 


TEXAS  CIVIL  FORM  BOOK.  149 

No.  211. 

SHERIFF'S  DEED. 

The  State  of  Texas,  County  of ., 

Know  all  men  by  these  presents,  that  whereas,  by  virtue  of  a  certain 

,  issued  out  of  the court,  of  the  county  of , 

Texas,  in  favor  of vs on  a  certain  judgment 

rendered  by  said  court  on  the  . . .  day  of ,  A.  D.  19.  .,  and  directed 

and  delivered  to  me,  as  sheriff  of County,  commanding  me,  of 

the  goods  and  chattels,  lands  and  tenements  of  the  said 

to  make  certain  moneys  in  said  writ  mentioned,  I, ,  sheriff 

as  aforesaid,  did  upon  the  ....  day  of ,  19. .,  levy  on  the  premises 

hereinafter  described  as  the  property  of  the  said  defendant  and  on  the 

first  Tuesday  in ,  A.  D.  19 .  .,  the  same  being  the  ....  day  of  said 

month,  within  the  hours  prescribed  by  law,  sold  said  premises  at  public 

vendue,  in  the  county  of ,  at  the  door  of  the  courthouse  thereof, 

having  first  given  public  notice  of  the  time  and  place  of  sale,  by  causing 
an  advertisement  thereof  to  be  posted  up  at  three  public  places  in  the 
county  aforesaid,  one  of  which  was  at  the  courthouse  door  of  the  said 
county,  for  twenty  days  previous  to  said  sale,  and  by  delivering  to  the 
defendant  in  execution  a  copy  of  said  notice  of  sale,  and  by  mailing  a 

similar  copy  to ,  his  attorney  of  record;  and  whereas  at 

the  said  sale,  the  said  premises  were  struck  off  to for  the 

sum  of dollars,  he  being  the  highest  bidder  therefor,  and  that  be-' 

ing  the  highest  secure  bid  for  the  same : 

Now  therefore  in  consideration  and  by  virtue  of  the  premises  afore- 
said, and  of  the  payment  of  the  said  sum  of dollars,  the  receipt 

of  which  is  hereby  acknowledged,  I,  ,  sheriff  as  aforesaid, 

have  granted,  sold  and  conveyed,  and  by  these  presents  do  grant,  sell 
and  convey  unto  the  said all  the  estate,  right,  title,  inter- 
est and  claim  of  the  said in  and  to  the  following  described 

premises,  viz :  (here  describe  the  property ) . 

To  have  and  to  hold  the  above  described  premises  unto  the  said 

,  his  heirs  and  assigns,  forever,  as  fully  and  as  absolutely 

as  I,  as  sheriff  as  aforesaid,  can  convey  by  virtue  of  said  writ. 

In  testimony  whereof,  I  have  hereunto  set  mv  hand  this  ....  day  of 
,  A.  D.  19.. 


Sheriff County,  Texas. 


150  TEXAS  CIVIL  FORM  BOOK. 

No.  212. 

ACKNOWLEDGMENT  BY  SHERIFF. 

The  State  of  Texas,  County  of 

Before  me, (here  insert  the  name  and  character  of  the 

officer),  on  this  day  personally  -appeared ,  known  to  me  to 

be  the  person  whose  name  is  subscribed  to  the  foregoing  instrument, 
and  acknowledged  to  me  that  he  executed  the  same,  as  the  sheriff  of 
County,  Texas,  for  the  purposes  and  consideration  therein  ex- 
pressed and  in  the  capacity  therein  set  forth. 

Given  under  my  hand  and  seal  of  office  this  ....  day  of ,  A.  D. 

19.. 

(Seal.) 

See  R.  S.  Art.  2375   (2316). 


No.  213. 
DEED  BY  CORPORATION. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  the ".,  a  private  corpora- 
tion, duly  incorporated  under  the  laws  of  the  State  of  Texas,  the  prin- 
cipal office  whereof  being  at ,  in  said  county  and  State,  for  and 

in  consideration  of  the  sum  of    dollars,  to  it  in  hand  paid  by 

,  the  receipt  of  which  is  hereby  acknowledged  and  con- 
fessed, have  granted,  sold  and  conveyed,  and  by  these  presents  do  grant, 

sell  and  convey,  unto  the  said ,  of  the  county  of , 

State  of  Texas,  all  that  certain  tract,  lot  or  parcel  of  land 

(here  describe  the  land). 

To  have  and  to  hold  the  above  described  premises,  together  with  all 
and  singular  the  rights  and  appurtenances  thereto  in  anywise  belonging, 

unto  the  said ,  his  heirs  and  assigns,  forever,  and  the 

. , does  hereby  warrant  and  forever  defend,  all  and  singular,  the 

laid  land  and  premises  unto  the  said ,  his  heirs  and 

assigns,  against  every  person  whomsoever  lawfully  claiming,  or  to  claim 
the  same,  or  any  part  thereof. 

In  witness  whereof  the aforesaid  have  caused  these  presents 

to  be  signed  by ,  its  president,  thereunto  authorized  by  a 

vote  of  said  corporations,  a  copy  of  which  is  hereto  annexed,  and  its 

common  seal  hereunto  affixed  this  ....  day  of ,  A.  D.  19.  . 

(Seal.)  

By ,  its  President. 

Attest:    , 

Secretary. 

Deeds  by  Corporations.     29th  Leg.,  Reg.   Ses.  (1005).  p.  230. 


TEXAS  CIVIL  FORM  BOOK.  151 

No.  214. 

ACKNOWLEDGMENT  BY  PRESIDENT. 

The  State  of  Texas,  County  of 

Before  me, ,  a  notary  public  in  and  for county, 

State  of  Texas,  on  this  day  personally  appeared ,  known 

to  me  (or  proved  to  me  on  the  oath  of )  to  be  the  person 

whose  name  is  subscribed  to  the  foregoing  instrument,  and  acknowl- 
edged to  me  that  he  executed  the  same  as  the  act  and  deed  of  . . .  ., 

(here  state  name  of  corporation)  of ,  Texas,  and  as  the 

president  thereof,  and  for  the  purposes  and  consideration  therein  ex- 
pressed. 

Given  under  my  hand  and  seal  of  office  this  ....  day  of ,  A.  1). 

19.. 

(Seal.)  

(Official  character.) 


No.  215. 

CONSTABLE'S  DEED— SALE  OF  REAL  ESTATE. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that,  whereas,  by  virtue  of  a  certain 

execution  issued  by ,  Esq.,  a  justice  of  the  peace  in  and 

for  the  county  of ,  in  favor  of vs ,  on 

a  certain  judgment  rendered  in  the  justice's  court  in  precinct  Xo , 

of  said  county,  on  the  ....  day  of ,  A.  D.  19. .,  and  directed  and 

delivered  to  me,  as  constable  of  the  county  of ,  commanding 

•  me  of  the  goods  and  chattels,  lands  and  tenements  of  the  said , 

to  make  certain  moneys  in  said  writ  specified,  I,  ,  con- 
stable as  aforesaid,  did  upon  the  ....  day  of ,  A.  D.  19 .  .,  levy  on 

and  seize  the  premises  hereinafter  described,  and  all  the  estate,  right, 
title,  interest  and  claim  of  said  defendant  therein;  and  on  the  first 

Tuesday,  being  the  ....  day  of ,  A.  D.  19.  .,  between  the  hours  of 

ten  o'clock  a.  m.  and  four  o'clock  p.  m.,  sold  said  premises  at  public 

vendue,  in  the  county  of at  the  door  of  courthouse  thereof, 

having  first  given  public  notice  of  the  time  and  place  of  sale,  by  causing 
an  advertisement  thereof  to  be  posted  up  at  three  public  places  in  the 
county  aforesaid,  one  of  which  was  at  the  courthouse  door  of  the  said 
county,  for  twenty  days  previous  to  said  sale,  and  by  delivering  to  the 
defendant  in  execution  a  copy  of  said  notice  of  sale  and  by  mailing  a 

similar  copy  to ,  bis  attorney  of  record ;  and  whereas,  at  the 

said  sale,  the  said  premises  were  struck  off  to for  the  sum 

of dollars,  he  being  the  highest  bidder  therefor,  and  that  being 

the  highest  secure  bid  for  the  same.  And  said  purchaser  having  com- 
plied with  the  terms  of  said  bid: 


152  TEXAS  CIVIL  FORM  BOOK. 

Now  therefore  in  consideration  and  by  virtue  of  the  premises  afore- 
said, and  of  the  payment  of  the  said  sum  of dollars,  the  receipt 

of  which  is  hereby  acknowledged,  I,  ,  constable  as  afore- 
said, have  granted,  sold  and  conveyed,  and  by  these  presents  do  grant, 
sell  and  convey  unto  the  said all  the  estate,  right,  title,  in- 
terest and  claim  of  the  said in  and  to  the  following  de- 
scribed premises,  viz : (here  describe  said  premises). 

To  have  and  to  hold  the  above  described  premises  unto  the  said 

,  his  heirs  and  assigns  forever,  as  fully  and  as  absolutely 

as  I,  as  constable  as  aforesaid,  can  convey  by  virtue  of  the  said  writ  of 
execution. 

In  testimony  whereof  I  have  hereunto  set  my  hand  this  the  ....  day 
of ,  A.  D.  19.. 


Constable  of County,  Texas. 


No.  216. 

ACKNOWLEDGMENT  BY  CONSTABLE. 

The  State  of  Texas,  County  of 

Before  me, (here  insert  the  name  and  official  character 

of  the  officer),  on  this  day  personally  appeared ,  known  to 

me  to  be  the  person  whose  name  is  subscribed  to  the  above  and  fore- 
going instrument,  and  acknowledged  to  me  that  he  executed  the  same, 
as  the  constable  of County,  Texas,  for  the  purposes  and  con- 
sideration therein  expressed  and  in  the  capacity  therein  set  forth. 

Given  under  my  hand  and  seal  of  office  this  the  ....  day  of , 

A.  D.  19.. 

(Seal.)  

R.  S.  Art.  2375   (2316).     R.  S.  Art.  2327   (2270). 


No.  217. 

GROUND-RENT  DEED. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  this  instrument  of  writing  be- 
tween   and witnesseth,  that  the  said 

,  as  well  for  and  in  consideration  of  the  sum  of 

dollars  to  him  in  hand  paid,  as  of  the  payment  of  the  yearly  rent  and 
taxes,  and  performance  of  the  covenants  and  agreements  hereinafter 
mentioned,  which  on  the  part  of  said ,  his  heirs  and  as- 
signs, are  to  be  paid  and  performed,  have  granted,  sold  and  conveyed, 
and  by  these  presents  do  grant,  sell  and  convey,  unto  the  said , 


TEXAS  CIVIL  FORM  BOOK.  153 

his  heirs  and  assigns,  all  that  certain  lot  or  piece  of  ground  situate  in 

the  city  of ,  in  said  county,  and  described  as  follows,  to  Wit : 

(here  describe  the  land) ;  together  with  all  and  singular,  the 

improvements,  ways,  streets,  rights,  privileges,  hereditaments  and  ap- 
purtenances whatsoever  unto  the  same  belonging  or  in  anywise  apper- 
taining, to  have  and  to  hold  the  above  described  premises  unto  the  said 
,  his  heirs  and  assigns,  forever,  yielding  and  paying  there- 
for unto  the  said ,  his  heirs  and  assigns,  the  yearly  rent  or 

sum  of dollars,  in  yearly  payments  in  advance,  on  the  first  day 

of  Januanr  in  each  and  every  year  forever,  commencing  on  the  first  day 
of  January,  A.  D.  19.  .,  without  any  reduction  or  abatement  whatever 
for  or  by  any  reason  of  any  charges,  taxes  or  assessments  whatsoever  to 
be  assessed  on  the  said  lot  or  the  yearly  rent  hereby  reserved,  and  on 
default  of  payment  of  said  rents  as  they  become  due  the  same  may  be 
enforced  by  warrant  of  distress;  but  if  sufficient  property  subject  to  levy 
cannot  be  found  upon  said  premises  for  the  purpose  aforesaid,  it  shall 

and  may  be  lawful  for  said wholly  to  re-enter  upon  said 

lot  and  its  improvements  and  the  same  to  have  again,  repossess,  and 
enjoy,  as  fully  and  completely  as  though  this  instrument  of  writing  had 
never  been  executed. 

And  the  said ,  for  himself,  his  heirs,  executors,  admin- 
istrator and  assigns,  doth  covenant,  promise  and  agree  to  and  with  the 

said ,  his  heirs  and  assigns,  that  he,  the  said _., 

the  said  yearly  rent  of dollars  shall  well  and  truly  pay  on  the 

day  and  times  above  mentioned  for  such  payment,  without  any  deduc- 
tion for  or  by  reason  of  any  charges,  taxes  or  assessments  whatsoever, 
it  being  the  express  agreement  of  the  parties  hereto  that  the  said 

,  his  heirs  and  assigns,  shall  pay  all  taxes  whatsoever  that 

shall  hereafter  be  laid  or  assessed  by  virtue  of  any  law  whatsoever  upon 
the  lot  herein  mentioned  or  on  the  buildings  to  be  erected  thereon  or  on 

the  said  rent  charged  thereon ;  also  that  he,  the  said ,  shall, 

within  one  year  from  the  date  hereof,  erect  and  build  on  said  lot  a  good 
and  substantial  brick  or  stone  building  of  sufficient  value  to  secure  the 
rent  hereby  reserved;  provided  always,  nevertheless,  that  if  the  said 

,  his  heirs  or  assigns,  shall  at  any  time  hereafter  pay  to 

the  said ,  his  heirs  or  assigns,  the  sum  of dollars, 

and  all  arrearages  of  said  yearly  rent  at  the  time  of  such  payment,  then 
the  same  shall  forever  thereafter  cease  and  be  extinguished  and  the 
covenant  for  the  payment  thereof  shall  become  void,  and  then  he,  the 

said ,  his  heirs  or  assigns,  will  at  their  own  proper  cost 

and  charges,  execute  to  the  said his  heirs  and  assigns, 

n  sufficient  release  and  discharge  of  said  reserved  rents;  and  the  said 

,  for  himself,  his  heirs,  executors  and  administrators,  doth 

covenant  with  the  said ,  his  heirs  and  assigns,  that  he,  the 

said ,  his  heirs  and  assigns,  paying  the  said  yearly  rent  o: 

extinguishing  the  same,  together  with   the  taxes,  and  performing  th- 


154  TEXAS  CIVIL  FORM  BOOK. 

covenants  and  agreements  aforesaid,  shall  at  all  times  hereafter  forever 
freely,  peaceably  and  quitely  have,  hold  and  enjoy  all  and  singular  the 
premises  hereby  granted,  with  the  appurtenances,  and  take  and  receive 
the  rents  and  profits  thereof  without  any  molestation,  interruption  or 
eviction  of  the  said ,  his  heirs  or  any  other  person  law- 
fully claiming  the  same  or  any  part  thereof. 
Witness  our  hands  this  the  ....  day  of ,  A.  D.  19.  . 


Signed  and  delivered  in  the  presence  of 


Witnesses. 
[Acknowledgment  given  same  as  in  other  deeds.] 


No.  218. 
DEED  OF  RELINQUISHMENT  AND  CONFIRMATION. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  I, ,  of  the  county 

of ,  in  the  State  aforesaid,  for  and  in  consideration  of  the  sum 

of dollars,  to  me  in  hand  paid  by ,  the  receipt  of 

which  is  hereby  acknowledged  and  confessed,  do  by  these  presents  re- 
linquish, ratify,  and  confirm  unto  the  said ,  his  heirs  and 

assigns,  of  the  county  of ,  State  of  Texas,  all  that  certain  lot, 

tract  or  parcel  of  land  situate,  lying  and  being  in  the  county  of , 

State  of  Texas,  in  the survey (here  describe  the  land). 

To  have  and  to  hold  the  above  described  premises,  together  with  all 
and  singular  the  rights  and  appurtenances  thereto  in  anywise  belonging 
unto  the  said ,  his  heirs  or  assigns  forever. 

Witness  my  hand  this  ....  day  of ,  A.  D.  19.  . 


Signed  and  delivered  in  the  presence  of 

[Form  of  acknowledgment  same  as  given  in  other  deeds.] 


TEXAS  CIVIL  FORM  BOOK.  155 

No.  219. 

DEED  OF  PARTITION. 
The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  this  instrument  of  writing, 

made  between , and ,  wife  of 

,  who  join  herein,  witnesseth,  that  whereas,  we,  the  said 

,   and  ,  of   said   county    and 

State,  have  and  hold  in  common  the  lands  hereinafter  mentioned,  and 
are  desirous  of  making  partition  of  the  same,  it  is  hereby  covenanted, 
granted,  concluded  and  agreed  by  and  between  said  parties,  and  each 
of  them  covenants,  grants,  concludes  and  agrees,  for  himself,  them- 
selves, his  and  their  heirs  and  assigns,  that  a  partition  of  said  lands  be 
made  as  follows,  to  wit: 

First.  The  said shall  from  henceforth  have,  hold,  pos- 
sess and  enjoy,  in  severalty  by  himself  and  to  him  and  his  heirs  and 
assigns  for  his  part,  share,  interest  and  proportion  of  the  said  lands  and 

premises,  all  that  tract  of  land  situated (here  describe  the 

land)  ;  and  the  other  parties  hereto  do  grant,  release  and  confirm  unto 

the  said the  premises  above  described,  to  have  and  to  hold 

the  above  described  premises,  with  all  and  singular  the  rights,  heredita- 
ments and  appurtenances  thereto  in  anywise  belonging,  unto  the  said 
,  his  heirs  and  assigns,  forever. 

Second.  The  said shall  from  henceforth  have,  hold,  pos- 
sess and  enjoy  in  severalty  by  himself  and  to  him  and  his  heirs  and  as- 
signs, for  his  part,  share,  interest  and  proportion  of  the  said  lands  and 

premises,  all  that  tract  of  land  situated (here  describe  the 

land)  ;  and  the  other  parties  hereto  do  grant,  release  and  confirm  unto 

the  said ,  the  premises  above  described,  to  have  and  to 

hold  the  above  described  premises,  with  all  and  singular  the  rights, 
hereditaments  and  appurtenances  thereto  in  anywise  belonging,  unto 
the  said ,  his  heirs  and  assigns  forever. 

Third.  The  said shall  from  henceforth,  in  her  own 

right  and  as  her  separate  property,  have,  hold,  possess  and  enjoy,  in 
severalty  by  herself  and  to  her  and  her  heirs  and  assigns,  for  her  part, 
share,  interest  and  proportion  of  the  said  lands  and  premises,  all  that 

tract  of  land  situated (here  describe  said  land)  ;  and  the  other 

parties  hereto  do  grant,  release  and  confirm  unto  the  said , 

the  premises  above  described,  to  have  and  to  hold  the  above  described 
premises,  with  all  and  singular  the  rights,  hereditaments  and  ap 

purtenances  thereto  in  anywise  belonging,  unto  the  said , 

her  heirs  and  assigns  forever. 

Witness  our  hands  this  ....  dnv  of  .          ,,  A.  D.  19.  . 


[Acknowledgment  same  as  in  other  deeds.] 


156  TEXAS  CIVIL  FORM  BOOK. 

No.  220. 
DEED  OF  RIGHT  OF  WAY. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  I,  ,  for  and  in 

consideration  of  the  sum  of dollars  to  me  in  hand  paid  by 

,  the  receipt  of  which  is  hereby  acknowledged  and  con- 
fessed, have  granted,  bargained  and  sold,  and  by  these  presents  do  grant, 

bargain,  sell  and  convey,  unto  the  said ,  his  heirs  and 

assigns,  the  free  and  uninterrupted  use,  liberty  and  privilege  of  and 
passage  in  and  along  a  certain  way  across  a  certain  tract  of  land  situ- 
ated in  said  county  adjoining  the  premises  of  the  said ., 

and  now  occupied  by  me,  being  the  same  tract  of  land  conveyed  to  nie 

by ,  by  deed  dated  on  the  ....  day  of ,  A.  D.  19. ., 

and  recorded  in  book  ....  on  page  ....  deed  of  records  of 

County,  Texas,  to  which  reference  is  hereby  made,  said  way  being  .... 

feet  in  breadth  and  extending  from  the corner  of  said  tract  to  the 

corner  of  the  same,  parallel  with  the boundary  line  thereof ; 

together  with  free  ingress,  egress,  regress  to  and  for  the  said , 

his  heirs  and  assigns,  and  his  and  their  tenants,  with  wagons,  carriages 
and  other  vehicles,  horses,  mules  or  cattle,  as  by  him  or  them  shall  be 
necessary  or  convenient,  at  all  times  and  seasons  forever,  in,  along, 

upon  and  out  of  said  way,  in  common  with  him,  the  said , 

his  heirs  and  assigns,  and  his  and  their  tenants;  to  have  and  to  hold  all 

and  singular  the  privileges  aforesaid  to  him,  the  said ,  his 

heirs  and  assigns,  to  their  proper  use  and  behoof,  in  common  with  him, 
the  said ,  his  heirs  and  assigns. 

Witness  my  hand   this  ....  day  of ,  A.  D.  19.  . 


Signed  and  delivered  in  the  presence  of 


Witnesses 
[Acknowledgment  same  as  given  in  other  deeds.] 


No.  221. 

DEED  OF  EXCHANGE  OF  LANDS. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  this  instrument  of  writing, 

made  this  the day  of ,  A.  D.  91 .  .,  between , 

of  the  one  part,  and   of  the  other  part,  witnesseth,  that 

the  said of  the  county  of in  the  State  of  Texas, 


TEXAS  CIVIL  FORM  BOOK.  157 

for  and  in  consideration  of  the  exchange  of  and  for  the  land,  tenements 

and  hereditaments  of  the  said ,  in  the  county  of , 

State  of  Texas,  -bounded  and  described  as  follows (here  de- 
scribe the  land),  valued  at dollars,  have  given,  granted  and  con- 
veyed, and  by  these  presents  do  give,  grant  and  convey,  unto  the  said 

of  the  county  of ,  State  of  Texas,  a  certain  tract 

of  land,  with  all  and  every  of  the  right  and  appurtenances,  situate, 

lying  and  being  in  the  oounty  of ,  State  of  Texas,  bounded 

and  described  as  follows (here  describe  the  land)  ;  to  have 

and  to  hold  said  above  described  land  and  premises,  together  with  all 
and.  singular  the  rights  and  appurtenances  thereto  belonging,  unto  the 

said  ,  his  heirs  and  assigns,  forever ;  and  the  said 

hath  likewise  on  his  part,  for  and  in  consideration  of 

the  exchange  of  and  for  the  lands,  tenements  and  hereditaments  herein 

conveyed  to  him  by  the  said ,  valued  at dollars, 

have  given,  granted  and  conveyed,  and  by  these  presents  do  give,  grant 

and  convey  unto  the  said ,  all  that  certain  tract  of  land, 

aforesaid,  situate,  lying  and  being  in  the  county  of ,  State  of 

Texas,  bounded  and  described  as  follows (here  describe  the 

land)  ;  to  have  and  to  hold  the  above  described  land  and  premises,  to- 
gether with  all  and  singular  the  rights  and  appurtenances  thereto 
belonging,  unto  the  said ,  his  heirs  and  assigns,  forever. 

Provided  always,  nevertheless,  and  these  presents  are  upon  this  con- 
dition, and  it  is  the  true  intent  and  meaning  of  the  parties  hereunto, 
that  if  it  shall  happen  that  either  of  the  said  parties  to  these  presents, 
their  executors,  administrators  or  assigns,  shall  at  any  time  hereafter 
during  the  said  respective  terms  above  granted,  by  color  or  means  of 
any  former  or  other  gift,  grant,  bargain  or  sale,  or  otherwise  howsoever, 
be  ousted  or  evicted  of  and  from  the  possession  of  either  of  the  said 
tracts  of  land  or  tenements  and  the  premises  so  respectively  granted  in 
exchange  as  aforesaid,  or  any  part  thereof,  then,  in  such  cases,  these 
presents  and  every  matter  and  thing  herein  contained  shall  be  utterly 
void  and  of  none  effect,  and  then  and  thenceforth  it  shall  and  may  be 
lawful  to  and  for  the  party  or  parties  so  ousted  or  evicted  into  his  or 
their  said  former  land  or  tenements  and  premises,  with  all  and  singular 
the  appurtenances,  to  re-enter,  and  the  same  to  have  again,  repossess, 
and  enjoy,  as  of  his  and  their  former  estate  or  estates,  anything  herein 
contained  to  the  contrary  thereto  and  in  anywise  notwithstanding. 

Witness  our  hands  this  ....  day  of A.  I).  19.  . 


[Acknowledgment  same  as  given  in  other  deeds.] 


158  TEXAS  CIVIL  FORM  BOOK. 

No.  222. 
DEED  OF  AGREEMENT  TO  LAY  OUT  AND  LEAVE  OPEN  ALLEY,  ETC. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  this  instrument  of  writing,  this 

day  made  by  and  between of  the  first  part, 

and    ,   party  of  the  second  part,  and    , 

party  of  the  third  part,  witnesseth :  whereas,  the  said 

(party  of  the  first  part)  is  the  owner  in  fee  of  the  following  lots  or 

tracts  of  land (here  describe  the  property,  giving  the 

distance    and    location    of    same    with    reference    to    the    blocks    and 

streets) ;    and    whereas,    the    said (party    of   the    second 

part)  is  the  owner  in  fee  of  a  lot  of  ground  on (here 

give  the  location  of  same  with  reference  to  above  land,  streets,  etc.); 

and  whereas,  the  said  (party  of  the  third  part)  is  the 

owner  in  fee  of  a  lot  of  ground  on  the i. .   (here  give  the 

location  of  said  lot  with  reference  to  the  above  described  lot,  streets, 
etc.),  all  of  said  lots  being  contiguous  and  adjoining  each  other;  and 
whereas,  the  said  parties  to  these  presents  have  mutually  concluded  and 
agreed  with  each  other  to  lay  out  and  leave  open  over  and  across  the 

ends  of  the ,   lots  of  land  above  described, 

feet    in    width    extending    from street feet    in 

length,  parallel  with  and  at  the  distance  of   feet   from 

the side  of street,  as  for  a  passageway  into    and  from  the 

said street :    Xow  therefore  this  instrument  witnesseth  that,  as 

well  for  and  in  consideration  of  the  premises  as  the  sum  of    

dollars,  by  each  to  the  other  paid  at  the  time  of  the  execution  hereof, 
the  receipt  of  which  is  hereby  acknowledged  and  confessed,  they  the 
said  parties  to  these  presents,  for  themselves  respectively,  their  re- 
spective heirs  and  assigns,  do,  and  each  of  them  doth,  covenant  and 
agree  to  and  with  the  other  and  others  of  them,  the  said  parties  hereto, 

his  and  their  respective  heirs  and  assigns,  that  a  strip  of  ground 

feet  in  width  north  and  south  by feet  in  length  east  and  west, 

extending  into  and  from  the  said street,  shall  at  all  times 

hereafter  be  and  remain  open  as  and  for  an  alley  and  passageway  for 

the  mutual  use  and  accommodation  of  all   the  said contiguous 

lots  of  ground  hereinbefore  described  and  of  the  respective  owners  and 
occupier?;  of  the  same. 

Witness  our  hands  this  ....  day  of ,  A.  D.  19.  . 


[Acknowledgment  same  as  given  in  other  deeds.] 


TEXAS  CIVIL  FORM  BOOK.  159 

No.  223. 

DEED  OF  A  WATERCOURSE. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  whereas, and 

,  of  said  county  and  State,  are  respectively  seized  in 

fee  of  two  contiguous  tracts  of  land  in  the  county  aforesaid,  now  occu- 
pied by  them;  and  whereas,  there  is  a  dam  and  race  or  watercourse 

upon  a  certain  stream  known  as  ....,- ,  within  the  land  of 

the  said ,  for  watering,  overflowing  and  improving 

ground  therein: 

Now  therefore  I,  the  said ,  for  divers  good  consid- 
erations and  the  further  consideration  of  the  sum  of dollars  to 

me  in  hand  paid  by  the  said  .  .^ ,  the  receipt  of  which  is 

hereby  acknowledged,  have  bargained  and  sold,  and  by  these  presents 

do  grant,  bargain,  sell  and  convey,  unto  the  said ,  his 

heirs  and  assigns,  all  of  the  water  of  said  stream,  to  be  led  and  con- 
veyed therefrom  into  the  land  of  said for  the  space 

of days  in  every  week,  to  wit:  from .,  at to  ..."..., 

at ,  for  the  watering,  overflowing  and  improving  the  land  of  the 

said ,  together  with  the  right'  to  and  for  the  said 

,-.  . .  .,  his  heirs  and  assigns,  and  his  and  their  workmen, 

with  horses,  mules,  cattle,  carts  and  wagons,  at  all  convenient  times 
and  seasons,  to  enter  upon  the  land  in  and  along  the  banks  of  said  dam 
and  race  or  watercourse,  for  the  amending,  cleaning  and  repairing  the 
same,  with  liberty  for  that  purpose  to  dig  and  take  stones  and  earth 
from  the  adjacent  land,  to  have  and  to  hold  all  and  singular  the  prem- 
ises and  privileges  hereby  granted  unto  the  said . ,  his 

heirs  and  assigns,  forever,  he  or  they  paying part  of  the  expenses 

which  from  time  to  time  may  accrue  in  supporting,  cleansing  and 
repairing  the  dam  and  watercourse  aforesaid. 

Witness  my  hand  this  the  ....  day  of ,  A.  D.  19 . . 


Signed  and  delivered  in  the  presence  of 


Witnesses. 
[Acknowledgment  same  as  given  in  other  deeds.] 


160  TEXAS  CIVIL  FORM  BOOK. 

No.  224. 

DEED  OF  A  GIFT  ON  CONDITIONS. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  this  instrument  of  writing,  this 

day   made   between and ,    of    said 

county  and  State,  witnesseth,  that  whereas,  the  said  . .; 

being  the  father  of  said ,  by  reason  of  his  age  and  infirm- 
ities is  not  capable  of  attending  to  his  estate  and  affairs  as  formerly,  and 

has  therefore  agreed  for  advancement  of  said    ,  to 

make  over  his  property  to   the  said ,   so  that  the  said 

should   pay   the   debts   of   the  said    and 

afford  him  a  maintenance,  as  is  hereinafter  mentioned:    Xow  therefore 

the  said ,  in  order  to  carry  said  agreement  into  effect,  and 

in  consideration  of  the  natural  love  and  affection  which  he  has  for  and 

toward  his  son,  the  said  ,  and  of  the  provisos,  covenants 

and  agreements  hereinafter  mentioned  by  the  said to  be 

observed  and  performed,  hath  given,  bargained,  sold  and  assigned,  and 
by  these  presents  doth  give,  grant,  bargain,  sell  and  assign,  unto  the 

said ,    his   heirs,    executors   and   administrators,   all   and 

singular  his  household  goods,  debts,  rights,  credits  and  personal  estate, 
whereof  he  is  now  possessed  or  anyways  interested  in  or  entitled  unto,  of 
whatsoever  nature  or  kind  the  same  are,  with  their  and  every  of  their 
rights,  members  and  appurtenances,  to  have  and  to  hold  the  same  unto 

the  said ,  his  heirs,  executors  and  administrators,  forever, 

without  rendering  any  account  or  being  therefor  in  anywise  accountable 

to  the  said    ,  his   heirs,  executors  or  administrators,  for 

the  same,  and  the  said   ,  for  himself,  his  heirs,  executors 

and  administrators  doth  covenant,  promise,  grant  and  agree  to  and  with 

the  said ,  his  executors  and  administrators,  in  manner  and 

form   following,   that   is   to   say,   that  he,   the   said ,   his 

executors  and  administrators,  shall  and  will  settle,  pay,  discharge  and 
satisfy  all  accounts,  debts,  judgments  and  demands  of  every  nature  and 
kind  whatsoever,  now  outstanding  against  or  now  due  from  or  payable 

by    the    said ,  or    for    the    payment    of    which  the  said 

shall  be  liable  on  account  of  any  matter,  cause  or  thing 

hereto  had,  suffered,  done  or  performed,  and  at  all  times  hereafter  free, 

discharge  and  keep  harmless  and  indemnified  the  said 

his  heirs,  executors  and  administrators,  from  all  and  every  such  ac- 
counts, debts,  judgments  and  demands,  and  from  all  actions,  suits  and 
damages  that  may  to  him  or  them  arise  by  reason  of  the  nonpayment 
thereof. 

And  further,  that  he,  the  said ,  his  heirs,  executors  and 

administrators,  shall  and  will,  yearly  and  even'  year  during  the  term 

of  the  natural  life  of  him,  the  said    by  twelve  equal 

monthly  payments,  the  first  to  begin  on  the  first  day  of  . ,  A.  D. 

19.  .,  and  on  the  first  day  of  each  consecutive  month  thereafter,  for  each 


TEXAS  CIVIL  FORM  BOOK.  161 

and  every  year,  well  and  truly  pay  to  the  said or  his  as- 
signs the  sum  of  dollars  for  or  toward  his  support  and  main- 
tenance, and  find  and  provide  for  him  sufficient  meat,  drink,  washing, 
lodging,  apparel  and  attendance  suitable  to  his  estate  and  situation,  at 

the  choice  and  election,  from  time  to  time,  of  the  said ; 

Provided  always  and  upon  condition  that  if  the  said ,  his 

heirs,  executors  or  administrators,  shall  fail  or  refuse  to  perform  any  of 
the  agreements  and  stipulations  above  mentioned,  then  it  shall  be  law- 
ful for  the  said all  and  singular  the  premises  hereby 

granted  to  take,  repossess  and  enjoy  as  in  his  former  estate. 
Witness  our  hands  this  ....  day  of ,  A.  D.  19. . 


Signed  and  delivered  in  the  presence  of 


Witnesses. 
[Acknowledgment  same  as  given  in  deeds.] 


No.  225. 

DEED  OF  GIFT  OF  PERSONAL  PROPERTY  TO  BE  USED  DURING  LIFE. 

The  State  of  Texas,  County  of  . . . ... . . . 

Know  all  men  by  these  presents,  that  I,  ,  in  considera- 
tion of  the  natural  love  and  affection  which  I  have  and  bear  to  my 

daughter,  ,  and  for  and  toward  the  better  support  and 

maintenance  of  her  after  my  decease,  and  for  divers  other  good  cause* 
and  valuable  considerations  received  by  and  moving  me,  have  given, 
granted  and  conveyed,  and  by  these  presents  do  give,  grant  and  convey, 

\into  the  said all  and  singular  my  goods  and  chattels 

whatsoever  and  wheresoever,  and  of  what  nature,  sort  or  kind  soever,  to 
have  and  to  hold  the  said  goods  and  chattels  hereby  granted  and  con- 
veyed, and  every  part  and  parcel  thereof,  unto  the  said , 

her  executors,  administrators  and  assigns,  from  henceforth  forever; 

Provided  always,  and  these  presents  are  upon  this  special  trust  and 

confidence  and  express  condition,  that  she,  the  said  ,  her 

executors,  administrators  and  assigns,  shall  and  do  permit  and  suffer 

me,  the  said ,  to  use,  keep  and  enjoy  all  and  singular  the 

Raid  goods  and  chattels  during  my  natural  life,  without  paying  or  yield- 
ing anything  for  the  same,  or  in  respect  thereof,  and  not  otherwise,  and 

that  from  and  after  my  decease,  she,  the  said ,  her  execu- 

lors,  administrators  or  assigns,  shall  or  lawfully  may  have,  hold  and 
Form  Book— 11. 


162  TEXAS  CIVIL  FORM  BOOK. 

enjoy  the  same,  and  every  part  and  parcel  thereof,  and  dispose  thereof 
and  convert  the  same  to  her  own  proper  use  and  benefit,  as  she  or  they 
shall  think  fit. 

Witness  my  hand  this day  of  .......  A.  D.  19. . 

Signed  and  delivered  in  the  presence  of 

"Witnesses. 
[Acknowledgment  same  as  given  in  deeds.] 


No.  226. 
PROOF  BY  WITNESS. 

The  State  of  Texas,  County  of 

Before  me, ,  a  notary  public  in  and  for 

County,  Texas,  on  this  day  personally  appeared ,  known 

to  me  (or  proved  to  me  on  the  oath  of  )  to  be  the  person 

whose  name  is  subscribed  as  a  witness  to  the  foregoing  instrument  of 
writing,  and  after  being  duly  sworn  by  me  stated  on  oath  that  he  saw 
,  the  grantor  or  person  who  executed  the  foregoing  in- 
strument, subscribe  the  same  (or  that  the  grantor  or  person  who 
executed  such  instrument  of  writing  acknowledged  in  his  presence 
that  he  had  executed  the  same  for  the  purposes  and  considera- 
tion therein  expressed),  and  that  he  had  signed  the  same  as  a  witness 
at  the  request  of  the  grantor  (or  the  person  who  executed  the  same). 

Given  under  mv  hand   and  seal  of  office  this  ....  dav  of , 

A.  D.  19 .. 

(Seal.)  

See  R.  S.  Art.  4624  (4316). 

Witness  must  be  personally  known  to  the  officer  taking  the  proof  to 
be  the  person  whose  name  is  subscribed  to  the  instrument  as  a  witness, 
or -must  be  proved  to  be  such  by  the  oath  of  a  credible  witness,  which 
fact  shall  be  noted  in  the  certificate. 

See  R.  S.  Art.  4623  (4315). 


DEEDS  OF  TRUST. 
No.  227. 

DEED  OF  TRUST. 

The  State  of  Texas,  County  of 

.  Know  all  men  by  these  presents,  that  I,    ,  joined 

herein    by    my    wife,    ,   (pro    forma)    of  the    county    of 


TEXAS  CIVIL  FORM  BOOK.  163 

and  State  of ,  parties  of  the  first  part,  in  considera- 
tion of  the  sum  of  ten  dollars,  to  us  in  hand  paid  by of 

the  county  of and  State  of  Texas,  the  receipt  whereof  is  hereby 

acknowledged,  and  of  the  further  consideration,  uses,  purposes  and  trusts 
herein  set  forth  and  declared,  have  granted,  bargained  and  sold,  and 
by  these  presents  do  grant,  bargain,  sell,  alien,  convey  and  confirm, 

unto  the  said  ,  party  of  the  second  part,  and  also 

to  the  substitute  trustee,  as  hereinafter  provided,  all  of  the  following 

described  real  estate,  lying  and  being  situated  in  the  county  of , 

in  the  State  of  Texas,  to  wit:  (here  describe  the  prop- 
erty), together  with  all  improvements  thereon,  or  hereafter  to  be  placed 
thereon,  and  all  and  singular,  the  rights  and  appurtenances  to  the  same 
belonging  or  in  anywise  incident  or  appertaining.  To  have  and  to  hold 
unto  him,  the  said  party  of  the  second  part,  and  to  his  successor  and 
his  assigns  forever,  we  hereby  covenanting  and  agreeing  to  forever 
warrant  and  defend  the  premises  aforesaid,  and  every  part  thereof 

unto  the  said and  to  the  substitute  trustee,  and  to  the 

assigns  of  any  trustee  hereunder,  against  all  persons  whomsoever,  law- 
fully claiming  or  to  claim  the  same,  for  and  upon  the  following  trusts, 

terms  and  conditions,  to  wit :  That  whereas ,  the  said 

party  of  the  first  part,  is  justly  indebted  to ,  party  of  the 

third  part  herein,  as  evidenced  by  one  certain  promissory  note  executed 
by  the  said  party  of  the  first  part,  and  payable  to  the  order  of  the  said 
party  of  the  third  part,  as  follows  to  wit: (here  describe  the  note). 

And,  whereas,  it  is  contemplated  that  said ,  party  of  the 

first  part,  may  hereafter  become  indebted  unto  said  party  of  the  third 
part  in  further  sum  or  sums,  which  said  indebtedness  now  accrued  or  to 

accrue  in  future  it  is  agreed  shall  all  be  payable  at ,  Texas, 

and  bear  interest  at  rate  of  ....  per  cent  per  annum  from  date  of  ac- 
crual until  paid,  by  whatever  means  the  same  shall  accrue ;  and  this  con- 
veyance is  made  for  the  security  and  enforcement  of  the  payment  of 
said  present  and  future  indebtedness. 

Xow,  should  the  said  party  of  the  first  part  make  prompt  payment  of 
said  indebtedness,  both  principal  and  interest,  as  the  same  shall  become 
due  and  payable,  and  strictly  comply  with  all  the  conditions  and  require- 
ments herein  provided,  then  this  conveyance  shall  become  null  and  of 
no  further  force  or  effect,  and  shall  be  released  at  the  cost  and  expense 

of  the  said  party  of  the  first  part.  But  should  the  said , 

party  of  the  first  part,  make  default  in  the  punctual  payment  of  said  in- 
debtedness, or  any  part  thereof,  principal  or  interest,  as  the  same  shall 
become  due  and  payable,  or  should  said  party  of  the  first  part  in  any 
respect  fail  to  keep  and  perform  any  one  or  more  of  the  conditions 
herein  provided  to  be  kept  and  performed  by  said  party  of  the  first  part, 
then,  and  in  any  such  case,  the  whole  amount  of  said  indebtedness  re- 
maining unpaid  shall,  at  the  option  of  the  party  of  the  third  part,  or 
other  holder  thereof,  immediately  mature  and  become  payable,  and  it 


164  TEXAS  CIVIL  FORM  BOOK. 

shall  thereupon,  or  at  any  time  thereafter,  the  same,  or  any  part  thereof, 
remaining  unpaid,  be  the  duty  of  the  said  party  of  the  second  part 
herein,  and  of  his  successor  or  substitute,  as  hereinafter  provided,  on 
the  request  of  the  said  party  of  the  third  part,  or  other  holder  thereof 
(which  request  is  hereby  presumed)  to  enforce  this  trust;  and  after  ad- 
vertising the  time,  place  and  terms  of  the  sale  of  all  the  above  conveyed 
and  described  property  for  at  least  twenty  days  successively  next  before 
the  day  of  sale,  by  posting  up  written  or  printed  notices  thereof  at  three 
public  places  in  each  county  where  said  real  estate  is  situated,  one  of 
which  shall  be  at  the  courthouse  door  of  such  county,  to  sell  the  same, 
in  accordance  with  such  advertisement,  at  public  auction,  in  front  of 

the  door  of  the  courthouse  of County,  in  the  State  of  Texas,  on 

Ihe  first  Tuesday  in  any  month,  between  the  hours  of  10  o'clock  a.  m. 
and  4  o'clock  p.  m.,  to  the  highest  bidder  for  cash  —  selling  all  the  prop- 
erty above  conveyed  as  an  entiret}r  or  in  parcels,  as  the  trustee  acting 
may  elect  —  and  make  due  conveyance  to  the  purchaser  or  purchasers, 
with  general  warranty,  binding  the  said  parties  of  the  first  part  herein, 
and  their  heirs  and  assigns;  and  out  of  the  money  arising  from  such 
sale,  the  trustee  acting  shall  pay,  first,  all  the  expenses  of  advertising, 
sale  and  conveyance,  including  a  commission  of  five  per  cent,  to  him- 
self; and  then  to  the  said  party  of  the  third  part,  or  any  other  holder 
thereof,  the  full  amount  of  principal  and  interest  due  and  unpaid  on 
said  indebtedness  as  hereinbefore  set  forth,  rendering  the  balance  of  the 
purchase  money,  if  any,  to  the  said  parties  of  the  first  part,  their  heirs 
or  assigns ;  and  said  sale  shall  forever  be  a  perpetual  bar  against  the  said 
parties  of  the  first  part,  their  heirs  and  assigns,  and  all  other  persons 
claiming  under  any  of  them.  It  is  expressly  agreed  that  the  recitals  in 
the  conveyance  to  the  purchaser  shall  be  full  evidence  of  the  truth  of  the 
matters  therein  stated,  and  all  prerequisites  to  said  sale  shall  be  pre- 
sumed to  have  been  performed.  In  case  of  the  absence,  death,  inability, 
refusal  or  failure  of  the  trustee  herein  named  to  act,  a  successor  and  sub- 
stitute may  be  named,  constituted  and  appointed  by  the  said  party  of 
the  third  part  herein,  or-- other  holder  of  said  indebtedness,  without 
other  formality  than  an  appointment  and  designation  in  writing;  and 
this  conveyance  shall  vest  in  him,  as  trustee,  the  estate  and  title  in  all 
said  premises,  and  he  shall  thereupon  hold,  possess  and  execute  all  the 
title,  rights,  powers  and  duties  herein  conferred  on  said  trustee  named, 
and  his  conveyance  to  the  purchaser  shall  be  equally  valid  and  effective; 
and  such  right  to  appoint  a  successor  or  substitute  trustee  shall  exist 
as  often  and  whenever  from  any  of  said  causes,  any  trustee,  original  or 
substitute,  cannot  or  will  not  act.  The  party  of  the  third  part,  or  other 
holder  under  them,  shall  have  equal  rights  to  become  the  purchaser  at 
such  sale,  being  the  highest  bidder. 

It  is  agreed  and  stipulated  that  the  parties  of  the  first  part  herein 
shall  and  will,  at  their  own  proper  cost  and  expense,  keep  the  property 
and  premises  herein  described,  and  upon  which  a  lien  is  hereby  given  and 


TEXAS  CIVIL  FORM  BOOK.  16"> 

created,  in  good  repair  and  condition,  and  pay  and  discharge,  as  they 
are  or  may  become  payable,  all  and  every,  the  taxes  and  assessments  that 
are  or  may  become  payable  thereon  under  any  law,  ordinance  or  regula- 
tion, whether  made  by  Federal,  State  or  municipal  authority,  and  shall 
keep  said  property  fully  insured  in  some  company  or  companies  ap- 
proved by  the  party  of  the  third  part,  to  whom  the  loss,  if  any,  shall  be 
payable,  and  by  whom  the  policies  shall  be  kept.  And  in  case  of  default 
made  by  the  party  of  the  first  part  in  performance  of  any  of  the  fore- 
going stipulations,  the  same  may  be  performed  by  the  party  of  the 
third  part  herein,  for  account  and  at  the  expense  of  the  party  of  the 
first  part,  and  any  and  all  expenses  incurred  and  paid  in  so  doing  shall 
be  payable  by  the  party  of  the  first  part  to  the  party  of  the  third  part, 
with  interest  at  the  rate  of  ....  per  cent  per  annum  from  the  date 
when  the  same  was  so  incurred  or  paid,  and  shall  stand  secured  and 
payable  by  and  under  this  deed  in  like  manner  with  the  other  indebted- 
ness herein  mentioned,  and  the  amount  and  nature  of  such  expenses 
and  time  when  paid  shall  be  held  fully  established  by  the  affidavit  of  the 
party  of  the  third  part,  or  of  his  agent,  or  by  the  certificate  of  any  trus- 
tee acting  hereunder. 

It  is  further  agreed  and  stipulated  that  the  security  herein  and 
hereby  provided  shall  not  affect,  nor  be  affected  by  any  other  or  further 
security  taken  or  to  be  taken  for  the  same  indebtedness,  or  any  part 
thereof;  and  the  said  parties  of  the  first  part  hereby  declare  that  the 
property  hereinbefore  mentioned  and  conveyed  to  said  party  of  the 
second  part  forms  no  part  of  any  property  by  them  owned,  used  or 
claimed  as  exempted  from  forced  sale  under  the  laws  of  the  State  of 
Texas,  and  disclaim  .and  renounce  all  and  every  claim  thereto  under 
any  such  law  or  laws,,  and  hereby  designate  the  following  described 

property,  to  wit: (here  describe  the  property)  as  our 

homestead,  and  as  constituting  all  the  property  (of  nature  similar  to 
that  herein  conveyed)  owned,  used  or  claimed  by  us  as  exempt  under 
said  laws. 

In  testimony  whereof,  said  parties  of  the  first  part  have  hereunto 
signed  their  names  at this  ....  day  of ,  A.  D.  19 .. 


Witnesses  at  request  of  grantor: 


[The  above  form  can  be  used  when  the  wife  joins  in  the  deed  of  trust 
to  secure  debt  of  the  husband,  but  to  secure  joint  debt,  should  read 

we, ,  and  wife, ,  instead  of  I, , 

joined  by  my  wife.    Acknowledgment  same  as  in  deeds.] 


K56  TEXAS  CIVIL  FORM  BOOK. 

No.  228. 

DEED  OF  TRUST  FOR  THE  BENEFIT  OF  A  MARRIED  WOMAN. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  I, ,  of  the  county 

of ,  State  of  Texas,  for  and  in  consideration  of  the  sum  of  one 

dollar  to  me  in  hand  paid  by ,  the  receipt  of  which  is 

hereby  acknowledged,  for  the  uses  and  upon  the  trust  hereinafter  men- 
tioned, have  granted,  sold  and  confirmed,  and  by  these  presents  do 

bargain,  grant,  sell  and  convey,  unto  the  said ,  forever, 

all  that  certain  tract  or  parcel  of  land,  situate,  lying  and  being  in  the 

county  of ,  State  of  Texas,  described  as  follows : 

(here  describe  the  land),  together  with  all  the  rights,  hereditaments 
and  appurtenances  unto  the  same  belonging;  to  have  and  to  hold  the 

above  described  premises  unto  the  said and  his  assigns 

forever,  in  trust,  nevertheless,  and  for  the  uses  following  and  none  other ; 

that  is  to  say,  for  the  separate  and  sole  use  of ,  the  wife 

of ,  of  said  State  and  county,  for  and  during  her  natural 

life,  and  so  as  she  alone,  or  such  person  as  she  shall  appoint,  shall  take 
and  receive  the  rents,  issues  and  profits  thereof,  and  so  as  her  said  hus- 
band shall  not  in  anywise  intermeddle  therewith,  and  from  and  after 

the  decease  of  the  said in  trust  for  the  use  of  the  heirs  of 

the  body  of  the  said ,  by  the  said ,  begotten, 

forever,  with  power  to  the  said to  sell  and  convey,  in  fee 

simple,  the  whole  or  any  part  of  the  aforesaid  premises  to  any  person 

or  persons,  and  for  such  sums  of  money  as  the  said by 

writing,  under  her  hand  and  duly  acknowledged,  at  any  time  during  her 

natural  life  may  direct.  And  the  said binds  himself,  his 

heirs,  executors  and  administrators,  forever,  to  warrant  and  defend  the 
title  of  said  premises  unto  the  said and  his  assigns,  for- 
ever, against  the  claims  of  all  persons  lawfully  claiming  the  same  or  any 

part  thereof.  And  the  said hereto  signing  his  name, 

accepts  the  trust  herein  conferred. 

Witness  our  hands  this  ....  day  of ,  A.  D.  19.  . 


Signed  and  delivered  in  the  presence  of 

Witnesses. 
[Acknowledgment  same  as  given  in  deeds.] 


TEXAS  CIVIL  FORM  BOOK.  167 

• 

No.  229. 

DEED  FROM  TRUSTEE  UNDER  ABOVE  DEED. 

The  State  of  Texas,  County  of  ........ 

Know  all  men  by  these  presents,  that  I,  ............   (party  named 

as  trustee  in  above  deed),  trustee  of  the  hereinafter  described  premises, 
for   the    use   of    ............  ,    wife    of    ............  ,    by    deed    of 

............  to  me  dated  on  the  ....  day  of  ......  ,  A.  D.  19  .  .  ,  and 

recorded  in  book  ....  on  page  .  .  .  .  ,  records  of  ........  County,  Texas, 

to  which  reference  is  hereby  made,  by  the  direction  and  appointment 
of  the  said  ............  by  her  instrument  in  writing,  under  her  hand 

and  duly  acknowledged  by  her,  for  and  in  consideration  of  the  sum  of 
......  dollars  to  me  in  hand  paid  for  the  use  of  the  said  ............ 

by  ............  ,  the  receipt  of  which  is  hereby  acknowledged  and  con- 

fessed, have  bargained,  sold  and  conveyed,  and  by  these  presents  do  bar- 
gain, sell  and  convey  unto  the  said  ....  ........  ,  of  ........  County, 

Texas,  all  that  certain  tract  or  parcel  of  land  situated  in  ........ 

County,  Texas,  described  as  follows,  to  wit:  ........  (here  describe  the 


To  have  and  to  hold  the  above  described  land  and  premises,  together 
with  all  and  singular  the  rights  and  appurtenances  thereto  in  anywise 
belonging,  unto  the  said  ............  ,  his  heirs  and  assigns,  forever; 

and  I,  the  said  ............  ,  by  virtue  of  the  authority  vested  in  me 

in  said  deed  of  trust,  do  hereby  bind  and  obligate  the  said  ............  , 

his  heirs,  executors  and  administrators  to  forever  warrant  and  defend 
the  right  and  title  of  said  property  to  the  said  ............  ,  his  heirs 

and  assigns,  against  the  claims  of  all  persons  lawfully  claiming  the 
same  or  any  part  thereof. 

Witness  my  hand  this  the  ....  day  of  ......  ,  A.  D.  19  .  . 


Trustee. 
Signed  and  delivered  in  the  presence  of 


Witnesses. 

[Acknowledgment  same  as  given  under  sheriff's  deed,  except  using 
trustee  instead  of  sheriff.] 


No.  230. 
TRUSTEE'S  DEED. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  I, ,  of  said  county 

of ,  State  of  Texas,  by  virtue  of  a  deed  of  trust  executed  and 

delivered  to  me,  as  trustee,  on  the  ....  day  of ,  A.  D.  19. .,  by 


168  TEXAS  CIVIL  FORM  BOOK. 

,  for  better  securing in  the  payment  of  a 

certain  promissory  note  for  the  sum  of dollars,  made  by  the  said 

,  payable  to  the  order  of  the  said ,  bearing 

even  date  with  the  date  and  year  aforesaid,  and  due  twelve  months  after 
date  thereof,  fully  described  in  said  deed  of  trust;  in  which  said  deed 
of  trust  I  have  been  authorized  to  sell  upon  the  request  of  said 
,  at  any  time  after  the  maturity  of  said  note,  certain  prop- 
erty hereinafter  described,  which  said  note  being  past  due  and  unpaid 
and  the  said  request  made  as  aforesaid,  and  the  said hav- 
ing failed  and  refused  to  pay  said  note  or  any  part  thereof,  after  having 
been  duly  notified  so  to  do,  and  duly  served  with  notice  of  this  sale,  as 
required  by  law,  did  offer  for  sale  between  the  legal  hours  thereof,  at 

public  auction,  on  the  first  Tuesday  in ,  A.  D.  19. .,  the  same 

being  the  ....  day  of  said  month,  at  the  courthouse  door  in , 

County,  Texas,  a  certain  tract  of  land,  with  the  rights,  mem- 
bers and  appurtenances  thereto  belonging,  situated  in  said  county  of 

,  described  as  follows,  to  wit :  (here  describe  the 

land)  ;  whereupon  the  said  tract  of  land  was  knocked  off  to 

of  said  county,  at  and  for  the  sum  of dollars, 

he  being  the  highest  and  best  bidder  for  the  same,  and  the  said  sum 
being  the  highest  and  best  bid  therefor. 

Now  therefore,  in  consideration  of  the  premises  and  of  the  said 
dollars,  to  me  in  hand  paid  by  the  said ,  the  re- 
ceipt of  which  is  hereby  acknowledged  and  confessed,  I,  the  said 

trustee  as  aforesaid,  do  by  these  presents  bargain,  grant, 

sell,  and  convey  to  the  said ,  the  above  described  tract  of 

land,  together  with  all  and  singular  the  rights,  members  and  ap- 
purtenances to  the  same  in  any  manner  belonging. 

To  have  and  to  hold  said  property  unto  him  the  said , 

his  heirs  and  assigns  forever,  in  fee  simple.  And  I,  the  said 

,  by  virtue  of  the  authority  vested  in  me  in  said  deed  of 

trust,  do  hereby  bind  and  obligate  the  said ,  his  heirs,  exec- 
utors and  administrators  to  forever  warrant  and  defend  the  right  and 

title  of  said  property  to  the  said ,  his  heirs  and  assigns, 

against  every  person  whomsoever  lawfully  claiming  or  to  claim  the 
same,  or  any  part  thereof. 

Witness  my  hand  this  the day  of ,  A.  D.  19.  . 


Trustee. 
Signed  and  delivered  in  the  presence  of 


Witnesses. 
R.  S.  Art.  2369   (2310). 

[Acknowledgment  same  as  given  under  sheriff's  deed,  except  using 
trustee  instead  of  sheriff.! 


TEXAS  CIVIL  FORM  BOOK.  169 

No.  231. 

SUBSTITUTING  TRUSTEE. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that,  whereas,  on  the  ....  day  of 

,  A.  D.  19. ., ,  of County,  Texas,  executed 

and  delivered  his  certain  deed  of  trust  to ,  of  

County,  Texas,  as  trustee,  for  better  securing  the  payment  of  a  certain 

promissory  note  for  the  sum  of dollars,  executed  and  delivered 

by  the  said ,  payable  to  me, ,  or  order,  dated 

the  ....  day  of A.  D.  19. .,  and  to  become  due  on  the  ....  day 

of ,  A.  D.  19 . . ;  and,  whereas,  the  said refuses  to 

execute  the  trust  with  which  he  is  empowered  in  said  deed  (or,  here 
state  such  causes  that  may  exist),  and  said  note  is  long  since  past  due 
and  unpaid;  and,  whereas,  I  am  authorized  by  said  deed  of  trust  to  ap- 
point a  substitute  trustee,  upon  the  death,  failure,  or  refusal  of  the  said 
to  execute  the  trusts  in  said  deed  of  trust  contained : 

Xow  therefore,  in  consideration  of  the  premises,  I,  the  said 

,  hereby  appoint  and  substitute ,  trustee  in 

said  deed  of  trust,  in  lieu  and  in  place  of  the  said ,  with 

all  the  powers  and  authority  given  by  the  said to  the 

said 

Witness  my  hand  this  the  ....  day  of ,  A.  D.  19. . 


Signed  and  delivered  in  the  presence  of 


Witnesses. 
[Form  of  acknowledgment  same  as  given  in  deeds.] 


No.  232. 

NOTICE  OF  TRUSTEE'S  SALE. 

The  State  of  Texas,  County  of 

Whereas,  by  virtue  of  authority  vested  in  me,  as  trustee,  named  and 
appointed  in  a  certain  deed  of  trust,  recorded  in  volume  ....  on  page 
,  records  of  real  estate  mortgages  of County,  Texas,  exe- 
cuted and  delivered  to  me  on  the  ....  day  of ,  A.  D.  19. .,  by 

,  for  better  securing  the  payment  of  two  certain  promis- 
sory notes  of ($ )  dollars  each,  more  fully  described  in 

said  deed  of  trust,  executed  by  the  said ,  payable  to  the 

order  of ,  at ,  Texas,  due  on  the  ....  day 

of ,  A.  D.  19.  .,  each  respectively  bearing  eight  per  cent  interest 

per  annum  from  date  until  paid,  interest  due  and  payable  annually  as 


170  TEXAS  CIVIL  FORM  BOOK. 

it  accrues,  providing  failure  to  pay  either  of  said  notes,  or  any  install- 
ment of  interest  thereon  when  due,  shall  at  the  option  of  the  holder  of 
said  notes,  or  either  of  them,  mature  each  thereof,  and  in  such  event  the 
holder  thereof  may  proceed  to  collect  the  same  in  the  same  manner  as 
if  the  full  time  provided  in  said  notes  had  expired,  and  also  providing 
for  the  payment  of  ten  per  cent  additional  on  the  amount  of  principal 
and  interest  then  due  as  attorney's  fees,  if  placed  in  the  hands  of  an 
attorney  for  collection  (if  purchase-money  notes,  add  "given  in  part 

payment  for  the  purchase  money")  for (here  describe  the 

property). 

And,  whereas,  the  said is  the  holder  and  owner  of 

said  notes,  and  the  said has  made  default  in  the  payment 

of  said dollar  note  above  described,  due  on  the  ....  day  of , 

A.  D.  19 .  . .,  and  the  same  is  now  past  due  and  unpaid,  principal,  inter- 
est and  attorney's  fees,  by  reason  thereof  and  as  provided  for  in  each 
of  said  notes  and  in  said  deed  of  trust,  the  said has  de- 
clared each  of  said  notes  and  all  of  said  indebtedness  immediately  due 

and  mature  and  has  heretofore  so  notified  the  said ,  in 

writing;  and,  whereas,  each  of  said  notes  are  now  past  due  and  unpaid, 

now  aggregating,  principal,  interest  and  attorney's  fees, dollars ; 

and,  whereas,  I  have  been  requested  by  the  said  to  en- 
force said  trust,  I  will  offer  for  sale,  between  the  legal  hours  thereof,  to 
wit,  between  the  hours  of  10  o'clock  a.  m.  and  4  o'clock  p.  m.,  at  public 

auction,  to  the  highest  bidder,  on  the  first  Tuesday  in ,  A.  D. 

ID.  .  (the  same  being  the  ....  day  of  said  month),  at  the  courthouse 

door  in  the  town  of  . ,  in County,  Texas,  the 

following  described  property,  to  wit :  (here  describe  the 

land)  with  all  the  rights,  members  and  appurtenances  thereto  belonging. 

Witness  my  hand  this  ..•..•  day  of ,  A.  D.  19. . 


Trustee. 


DIVORCE. 

R.  S.  Arts.  2976-2988  (2860-2872). 

R.  S.  2979  (1895).     Amended  by  25th  Leg.,  1897,  p.  49. 

No.  233. 
PETITION  FOR  DIVORCE. 

The  State  of  Texas,  County  of In  District  Court  of 

County,  Texas, Term,  A.  D.  19. . 

To  the  Hon.  Judge  of  said  Court: 

Now  comes ,  who  resides  in County,  Texas, 

hereinafter  called  plaintiff,  complaining  of ,  who  resides 

in County,   Texas,   hereinafter  called   defendant;   and   for 


TEXAS  CIVIL  FORM  BOOK.  171 

cause  of  action,  plaintiff  represents  to  the  court  that  he  is  an  actual 
bona  fide  inhabitant  of  the  State  of  Texas,  and  has  resided  in  the  said 

county  of .  for  at  least  six  months  next  preceding  the  filing 

of  this  suit;  that  on  or  about  the  ....  day  of ,  A.  D.  19. .,  in 

County,  Texas,  plaintiff  was  lawfully  married  to  defendant, 

then  a  single  woman  by  the  name  of ;  that  they  continued 

to  live  together  as  husband  and  wife  until  on  or  about  the  ....  day  of 

,  A.  D.  19.  .,  when  by  reason  of  the  cruel  and  harsh  treatment 

and  improper  conduct  of  defendant  toward  plaintiff,  he  was  forced 
and  compelled  to  permanently  abandon  her,  since  which  time  they  have 
not  lived  together  as  husband  and  wife. 

Plaintiff  alleges  that  during  the  time  he  and  defendant  lived  together 
as  aforesaid,  he  was  kind  and  affectionate  to  her  and  always  provided 
for  her  support  and  maintenance,  but  defendant,  unmindful  of  the  du- 
ties and  obligations  of  her  marital  vows,  about  one  year  prior  to  the  time 
of  their  said  separation,  began  a  course  of  unkind,  harsh,  cruel  and 
tyrannical  treatment  toward  plaintiff,  which  continued  until  plaintiff 
was  forced  and  compelled  to  abandon  defendant  as  aforesaid;  that  de- 
fendant often  cursed  and  abused  plaintiff  and  applied  to  him  the  vilest 
and  most  opprobrious  epithets,  without  any  cause  or  provocation  what- 
ever on  the  part  of  this  plaintiff;  that  on  or  about  the  ....  day  of 

,  A.  D.  19.  .,  defendant  at  their  home  in ,  Texas,  cursed 

and  abused  plaintiff  and  called  him and and  other 

ugly  names;  that  on  or  about  the  ....  day  of ,  A.  D.  19. .,  in 

,  Texas,  defendant  cursed  and  abused  plaintiff  and  called 

him  a and  publicly  accused  plaintiff  of  living  in  adultery  with 

a  woman  other  than  his  wife,  by  the  name  of ,  which  said 

accusations  are  false  and  untrue;  that  said  marriage  relations  between 
plaintiff  and  defendant  still  exist. 

Plaintiff  alleges  that  defendant's  action  and  conduct  toward  him 
generally  are  of  such  a  nature  as  to  render  their  further  living  together 
as  husband  and  wife  insupportable;  the  premises  considered,  wherefore 
plaintiff  prays  the  court  that  defendant  be  cited  to  appear  and  answer 
herein  and  for  judgment  dissolving  said  marriage  relations,  for  costs  of 
suit  and  for  such  other  and  further  relief,  special  and  general,  in  law 
.and  in  equity,  that  he  may  be  justly  entitled  to,  etc. 


Attorney  for  Plaintiff. 


172  TEXAS  CIVIL  FORM  BOOK. 

No.  234. 
PETITION  FOR  DIVORCE  BECAUSE  OF  NON-AGE. 

The  State  of  Texas,  County  of In  District  Court  of 

County,  Texas,   Term,  A.  D.  19. . 

To  the  Hon.  Judge  of  said  Court: 

Now  comes ,  an  infant  female  under  twenty-one  years 

of  age,  who  sues  by  her  next  friend, .,  who  resides  in 

County,  Texas,  hereinafter  called  plaintiff,  complaining  of 

}  who  resides  in County,  Texas,  hereinafter  styled 

defendant;  and  for  cause  of  action,  plaintiff  represents  to  the  court  that 
she  is  now  an  actual  bona  fide  inhabitant  of  the  State  of  Texas,  and 
has  resided  in  the  said  county  of for  six  months  next  pre- 
ceding the  filing  of  this  suit. 

That  on  or  about  the  ....  day  of ,  A.  D.  19.  .,  plaintiff  was 

married  to  defendant  in  the  county  of ,  in  this  State;  that  at 

the  time  of  said  marriage  plaintiff  was  an  infant  under  the  age  of  legal 
consent,  to  wit,  of  the  age  of  about  thirteen  years. 

That  for  a  short  time  after  said  marriage  plaintiff  cohabited  with  de- 
fendant, but  plaintiff  and  defendant  have  not  cohabited  as  husband  and 
wife  for  any  time  or  in  any  manner  since  the  plaintiff  attained  the  age 
of  fourteen,  to  wit,  the  ....  day  of ,  A.  D.  19.  .. 

That  plaintiff  is  desirous  of  having  said  marriage  between  herself 
and  defendant  dissolved  and  declared  null  and  void  by  a  decree  of  this 
court. 

Wherefore  plaintiff  prays  the  court  that  defendant  be  cited  to  appear 
and  answer  this  petition,  and  that  said  marriage  between  plaintiff  and 
defendant  be  dissolved  and  declared  null  and  void,  and  that  plaintiff  be 

restored  to  her  maiden  name, ,  and  for  judgment  for  cost* 

of  suit,  and  for  such  other  and  further  relief,  special  and  general,  in 
law  and  in  equity  as  in  the  premises  she  may  be  justly  entitled  to,  etc. 


Attorney  for  PlaintilL 

Males  under  sixteen  and  females  under  fourteen  years  of  age  shall 
not  marry. 

R.  S.  Art.  2955  (2839). 

Xatural  or  incurable  impotency  of  body  at  the  time  of  entering  into- 
the  marriage  contract,  or  any  other  impediment  that  renders  such  con- 
tract void,  may  be  grounds  for  divorce.  . 

R.  S.  Art.  2970   (2860). 

In  suits  for  divorce  the  court  may,  in  its  discretion,  on  the  final  dis- 
position of  the  case,  enter  a  decree  changing  the  name  of  either  party 
to  said  suit,  if  such  name  is  specially  prayed  for  in  the  pleadings  of  such/ 
party. 

R.  S.  Art.  380  (339). 


TEXAS  CIVIL  FORM  BOOK.  173 

No.  235. 

PETITION  FOR  DIVORCE,  WITH  PRAYER  FOR  INJUNCTION. 
The  State  of  Texas,  County  of In  District  Court  of 


County,  Texas,    Term,  A.  D.  19 .. 

To  the  Hon.  Judge  of  said  Court: 

Now  comes ,  who  resides  in County,  Texas, 

hereinafter  called  plaintiff,  complaining  of ,  who  resides 

in  the  county  of ,  in  the  State  of  Texas,  hereinafter  styled  de- 
fendant; and  for  cause  of  action,  plaintiff  represents  to  the  court  that 
she  is  an  actual  bona  fide  inhabitant  of  the  State  of  Texas,  and  has 

resided  in  the  said  county  of for  six  months  next  preceding 

the  filing  of  this  suit.  .  .j  ; 

That  on  or  about  the  ....  day  of ,  A.  D.  19.  .,  plaintiff  was 

legally  married  to  defendant  in ,  and  continued  to  live  with 

him  as  his  wife  until  on  or  about  the  ....  day  of ,  A.  D.  19. . 

That  at  the  time  of  said  marriage  plaintiff  and  defendant  were  inhab- 
itants of  said  State  of ,  and  afterward,  on  or  about  the  .... 

day  of ,  A.  D.  19.  .,  removed  to  this  State,  and  have  remained 

here  ever  since. 

That  plaintiff,  during  the  time  she  lived  and  cohabited  with  defend- 
ant as  aforesaid,  had  one  child  by  him,  to  wit,  a  girl  (or  boy,  as  the  case 

may  be)  by  the  name  of ,  about years  of  age ;  that 

during  all  of  said  time  she  conducted  herself  with  propriety,  and  man- 
aged the  household  affairs  of  her  said  husband  with  prudence  and  econ- 
omy, and  at  all  times  treated  her  said  husband  with  kindness  and  for- 
bearance. But  that  defendant,  disregarding  the  solemnity  of  his  mar- 
riage vow,  and  his  obligation  to  treat  plaintiff  with  kindness  and  atten- 
tion, within  about  a  year  prior  to  their  said  separation,  commenced  a 
course  of  unkind,  harsh  and  tyrannical  conduct  toward  her,  which  con- 
tinued, with  slight  intermission,  until  she  finally  separated  from  him 
on  or  about  the  ....  day  of ,  A.  D.  19 ..  That  on  divers  occa- 
sions, while  plaintiff  lived  with  defendant  as  aforesaid,  he  was  guilty 
of  excesses,  cruel  treatment  and  outrages  toward  her,  of  such  a  nature 
as  to  render  their  living  together  insupportable;  that  on  or  about  the 
....  day  of ,  A.  D.  19.  .,  at  their  home  in ,  Texas,  de- 
fendant cursed  and  abused  plaintiff  and  among  other  things  called  her 

a (here  state  the  words  used),  and  struck  her  in  the  face  with 

his  fists,  under  circumstances  which  showed  an  utter  disregard  of  plain- 
tiff's health,  if  not  of  her  life.  That  on  another  occasion  defendant 
(here  specify  the  act  of  cruelty). 

That  defendant  is  a  man  of  violent  passions  and  of  ungovernable 
temper,  and  that  on  many  occasions,  during  the  time  plaintiff  lived  with 
In'in,  defendant  addressed  to  her  the  most  opprobrious  epithets  and 
threats  of  personal  violence,  and  repeatedly  threatened  to  take  her  life ; 
that  in  consequence  of  the  cruel  and  inhuman  treatment  above  men- 


374  TEXAS  CIVIL  FORM  BOOK. 

tioned,  together  with  the  threats  aforesaid,  and  such  brutal  and  out- 
rageous conduct  toward  her  as  rendered  it  unsafe  for  her  to  live  with 
him  or  to  remain  within  the  reach  of  his  violence,  she  was,  on  or  about 

the  ....  day  of ,  A.  D.  19.  .,  obliged  to  leave,  and  did  leave,  the 

house  of  defendant  and  go  to  her  friends,  since  which  time  she  has  not 
dared  to  return  to  his  said  house,  or  to  live  with  him.  That  since  plain- 
tiff has  so  left  the  house  of  defendant  he  has  refused  and  failed  to  pro- 
vide for  her  support  and  maintenance;  that  she  has  no  separate  prop- 
erty or  income  adequate  to  her  maintenance,  and  is  now  very  destitute 
and  in  great  want;  that  defendant  is  in  possession  of  real  and  personal 
property  and  estate,  the  community  property  of  plaintiff  and  defend- 
ant, amounting  to  the  sum  of dollars,  and  his  annual  income  is 

about dollars. 

Wherefore,  plaintiff  prays  the  court  that  defendant  be  cited  to  appear 
and  answer  this  petition;  that  he  be  required  to  return  into  court  an 
inventory  and  appraisement  under  oath  of  all  the  property  belonging 
to  the  community  estate  of  plaintiff  and  defendant,  and  that  a  writ  of 
injunction  issue,  restraining  him  from  disposing  of  any  part  of  the 
same,  or  contracting  any  debt  on  account  thereof,  until  the  further  order 
of  this  court;  that  during  the  pendency  of  this  suit  the  defendant  be 

required  to  pay  into  court  monthly  the  sum  of dollars,  for  the 

support  and  maintenance  of  plaintiff  and  her  said  child ;  that  said  child, 
during  the  pendency  of  this  suit,  be  placed  in  the  custody  of  plaintiff, 
and  that  defendant,  by  a  writ  of  injunction,  be  restrained  from  inter- 
fering with  them  in  any  manner;  that  on  final  hearing  plaintiff  have 
judgment,  dissolving  the  marriage  contract  between  plaintiff  and  de- 
fendant, and  for  partition  of  the  community  property;  that  plaintiff 
have  the  care,  custody  and  education  of  the  said  child  of  said  marriage, 
and  that  a  proper  and  suitable  provision  be  made  for  her  support  and 

maintenance,  and  she  now  here  alleges  that  the  sum  of dollars, 

payable  monthly,  is  a  proper  and  suitable  provision  therefor;  and  for 
costs  of  suit,  and  such  other  and  further  relief,  special  and  general,  in 
law  and  in  equity,  that  she  may  be  justly  entitled  to,  etc. 


Attorney  for  Plaintiff, 

The  State  of  Texas,  County  of I  solemnly  swear  that  I 

am  the  plaintiff  in  the  above  entitled  and  numbered  cause,  and  that  the 
matters  stated  in  the  above  and  foregoing  petition  are  true. 


Sworn  to  and  subscribed  before  me,  under  my  official  hand  and  seal, 

this  the day  of ,  A.  D.  19.  . 

(Seal.) 

Arts.  2980-2988  (2864-2872). 


TEXAS  CIVIL  FORM  BOOK.  175 

No.  236. 
ORDER  OF  COURT  GRANTING  ALIMONY. 

vs No In  District  Court  of 

County,  Texas, Term,  A.  D.  19 .. 

On  this  the  ....  day  of ,  A.  D.  19. .,  came  on  to  be  heard  the 

application  of  defendant ,  for  alimony  during  the  pendency 

of  this  suit,  both  plaintiff  and  defendant  after  due  notice  appeared  and 
answered  herein ;  and  it  appearing  to  the  court,  after  hearing  the  plead- 
ings and  evidence,  that  defendant  has  not  a  sufficient  income  for  her 
maintenance  during  the  pendency  of  this  suit  for  divorce,  and  that 
plaintiff, ,  is  in  possession  of  community  property  of  him- 
self and  defendant  of  the  reasonable  value  of dollars,  the  annual 

income  of  which  is  about dollars : 

It  is   therefore  ordered  and   decreed  by   the   court  that  defendant 

be  and  is  hereby  allowed  the  sum  of dollars  per 

month  for  her  support  during  the  pendency  of  this  suit  until  further 

ordered  By  this  court,  and  it  is  hereby  ordered  that  plaintiff, , 

pay  to  the  clerk  of  this  court,  for  the  benefit  of  the  said  defendant,  the 

sum  of dollars  on  the  first  day  of ,  A.  D.  19. .,  and  the 

sum  of dollars  on  the  first  day  of  each  consecutive  month  there- 
after, until  a  final  decree  is  made  in  this  cause  or  until  further  ordered 
by  this  court,  and  all  costs  in  this  behalf  incurred,  for  all  of  which  exe- 
cution may  issue. 

R.  S.  Art.  2986   (2870). 


No.  237. 
DECREE  OF  DIVORCE. 

vs No In  District  Court  of 

County,  Texas,   Term,  A.  D.  19. . 

On  this  the  ....  day  of ,  A.  D.  19. .,  this  cause  coming  on  tc 

be  heard,  the  plaintiff  appeared  in  person  and  by  attorney,  and  defend- 
ant, although  having  been  legally  cited  to  answer  herein  (or  duly  ac- 
cepted service,  as  the  case  may  be)  as  required  by  law,  failed  to  appear 
and  answer  in  this  behalf,  but  wholly  made  default;  whereupon,  a  jury 
being  waived,  plaintiff  announced  ready  for  trial,  and  the  court,  having 
heard  the  pleadings  and  evidence,  is  of  the  opinion  that  the  material 
allegations  in  plaintiff's  petition  are  true : 

It  is  therefore  ordered,  adjudged  and  decreed  by  the  court  that  the 
bonds  of  matrimony  heretofore  existing  between  said  plaintiff  and  de- 
fendant be  and  the  same  are  hereby  annulled  and  dissolved,  and  that 
the  said  plaintiff  be  and  is  hereby  divorced  from  the  said  defendant. 

It  is  further  ordered  by  the  court  that  the  said  plaintiff  do  have  and 


176  TEXAS  CIVIL  FORM  BOOK. 

recover  of  the  said  defendant  all  costs  in  this  behalf  expended,  for  which 
he  may  have  his  execution.  It  is  further  ordered  that  execution  may 
issue  in  favor  of  the  officers  of  court  against  each  party,  respectively, 
for  all  costs  by  him  or  her  in  this  behalf  incurred. 


DESIGNATION  OF  HOMESTEAD. 

No.  238. 
VOLUNTARY  DESIGNATION  OF  HOMESTEAD. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that,  whereas, ,  who  is 

the  head  of  a  family,  of  the  county  of ,  and  State  of  Texas, 

owns  and  is  possessed  of  more  land  than  is  by  law  exempt  to  a  family 
form  forced  sale;  and,  whereas,  he  desires  to  designate  and  set  apart 
the  homestead  to  which  the  family  is  entitled  under  the  Constitution 

and  laws  of  this  State  (or ,  sheriff  of ,  who  has 

an  execution  against  the  said in  favor  of , 

has  notified  said  .• to  designate  his  homestead) : 

Therefore  I,  the  said ,  have  this  day  set  apart  and  des- 
ignated, and  by  these  presents  do  set  apart  and  designate,  as  the  home- 
stead to  which  said  family  is  entitled  under  the  Constitution  and  laws 
of  this  State,  exempt  from  forced  sale,  all  that  certain  tract  or  parcel 
of  land  situated  in County,  Texas,  a  part  of  the  survey  orig- 
inally granted  to ,  comprising  two  hundred  acres  of  land, 

and  having  metes  and  bounds  as  follows,  to  wit : (here  describe 

the  land). 

Witness  my  hand  this  the  ....  day  of ,  A.  D.  19. . 


[Acknowledgment  same  as  given  in  deeds.] 
R.  S.  Art.  2404  (2344). 

Said  instrument  shall  be  signed  by  the  party  and  acknowledged  or 
proved  as  other  instruments  for  record  and  shall  be  filed  with  the  clerk 
of  the  county  court  of  the  county  in  which  the  land  or  a  part  thereof  is 
situated.  It  shall  contain  a  description  by  metes  and  bounds,  or  other 
sufficient  description  to  identify  the  land  designated,  stating  .the  name 
of  the  original  grantee  and  the  number  of  acres,  and,  if  more  than  one 
survey,  the  number  of  acres  in  each,  and  such  instrument  shall  be  re- 
corded by  the  clerk  in  the  record  of  deeds  of  said  county. 

^.   S.   Arts.  2404-2405    (2344-2345). 

The  sheriff  or  constable  holding  an  execution  against  the  owner  of  a 
larger  tract  of  land  than  is  exempt  from  forced  sale,  and  not  separated 
and  partitioned  therefrom,  may  on  his  own  motion,  and  shall,  if  re- 


TEXAS  CIVIL  FORM  BOOK.  177 

quired  by  the  plaintiff  in  execution,  his  agent  or  attorney,  notify  the 
defendant  in  execution  to  designate  and  set  apart  his  homestead  from 
the  remainder  of  the  lands  so  owned  and  occupied  by  him,  and  that  on 
failure  to  do  so  within  ten  days  the  sheriff  or  constable  will  proceed  to 
have  such  partition  made  as  provided  by  law. 
R.  S.  Art.  2407  (2347). 


No.  239. 

NOTICE  BY  SHERIFF  TO  OWNER  TO  DESIGNATE  HOMESTEAD. 

,  Texas, ,  19 .. 

To ,  Defendant: 

Sir :     You  are  hereby  notified  that,  as  sheriff  of County,  I 

have  in  my  hands  a  certain  writ  of  execution  issued  out  of  the 

court  of County  on  the  ....  day  of ,  A.  D.  19.  .,  against 

you  in  favor  of ;  and  you  are  hereby  notified  to  designate 

and  set  apart  your  homestead  from  the  remainder  of  the  lands  owned 
by  you.  Should  you  fail  to  do  so  within  ten  days  from  service  hereof, 
1  will  proceed  according  to  law  to  have  such  partition  and  designation 
made. 


Sheriff  of County. 

R.  S.  Art.  2408  (2348). 


No.  240. 

DESIGNATION  OF  HOMESTEAD  BY  COMMISSIONERS. 

The  State  of  Texas,  County  of 

Know  all  men  By  these  presents,  that,  whereas,  on  the  ....  day  of 

........  A.  D.  19.  .j  the  undersigned, , and 

' ,  were  summoned  by ,  Esq.,  sheriff  of 

County,  who  held  an  execution   issued   out  of  the court  of 

County  on  the  ....  day  of ,  A.  D.  19 .  . ,  against 

in  favor  of ,  to  designate  the  homestead  of  the  said 

,   we,  the  commissioners  aforesaid,  have  designated  and 

partitioned  the  homestead  of  the  said from  the  remainder 

of  his  lands  as  follows:     A  certain  tract  or. parcel  of  land  situated  in 

County,  Texas,  a  part  of  the  survey  originally  granted  to 

,  comprising  two  hundred  acres  of  land,  with  metes  and 

bounds  as  follows,  to  wit : (here  give  the  metes  and  bounds  of 

Form  Book — 12. 


178  TEXAS  CIVIL  FORM  BOOK. 

said  land).     The  said  designation  as  made  by  us  is  fair  and  just  to  the 
hest  of  our  judgment  and  belief. 

Witness  our  hands  this  the  ....  day  of ,  A.  D.  19.  . 


Sworn  to  and  subscribed  before  me,  this  the day  of ,  A.  D. 

19.. 

(Seal.)  

R.  S.  Art.  2418  (2358). 

The  three  commissioners  selected  by  the  sheriff  or  constable  shall  be 
disinterested  freeholders  of  the  county,  neighbors  of  the  defendant  in 
execution. 


EXECUTION. 

No.  241. 
EXECUTION  FOR  MONEY. 

The  State  of  Texas.     To  the  Sheriff  or  any  Constable  of 

County  —  Greeting : 

AVhereas,  on  the  ....  day  of ,  A.  D.  19.  .,  before  me,  a  justice 

of  the  peace  of  the  county  of ,  precinct  No.  4,  recovered  a 

judgment  against for  the  sum  of dollars  and  all  costs 

of  suit   

Therefore,  you  are  hereby  commanded,  that  of  the  goods  and  chattels, 

lands  and  tenements  of  said you  cause  to  be  made  the  said 

pum  of dollars,  with  interest  thereon  from  the  ....  day  of 

,  A.  D.  19.  . ,  at  the  rate  of  ....  per  cent  per  annum,  together 

with  the  sum  of dollars,  costs  of  suit,  and  the  further  costs  of 

executing  this  writ. 

Herein  fail  not,  and  have  you  the  said  moneys,  together  with  this 

writ,  at  my  office  in  precinct  No ,  County,  within  sixty 

days  from  the  date  thereof. 

(liven  under  my  hand  this  ....  day  of  .* ,  19.  . 


Justice  of  the  Peace,  Precinct  No ,  County,  Texas. 


TEXAS  CIVIL  FORM  BOOK. 


179 


BILL  OF  COSTS. 


JUSTICES'  FEES. 

Dolls. 

Cts. 

CONSTABLE'S  FEES. 

Dolls. 

Cts. 

Serving        Citation 

Issuing     .  citations  

Serving  ....  Garnishment  

Issuing        Subpoenas  (names) 

Levying  ....  Writ    of    attach- 
ment   

Issuing.  .  .  .venire  
Taking  .  .     Bond  

Serving.  .  .  .Writ  of  sequestra- 
tion   

Writ  of  attachment 

Serving     notice     interrogato- 
ries   

Writ  of  garnishment         

Serving  subpoena     .       ... 

Taking  bond 

Entering        Continuance 

Taking  bond  of  indemnity. 

Entering         Order 

Taking  bond  of  replevin  

Entering.  .  .  .  Nonsuit  
Copy        interrogatories 

Summoning  jury  
Executing  writ  of  possession 

and  notice 

Levving  execution       

Copy       interrogatories 

and  commission           *  

Advertising  sale  

Certificate 

Taking  delivery  bond              .  . 

Taking         Oaths 

Indorsing  forfeiture  of  bond 

Filing         papers       .  .        ..... 

Taking  rare  of  property 

Taking  depositions 

Swearing         Witnesses 

Making  title  to  purchaser. 

Impaneling  jury        .          .  .  ' 

Commission  on  sale  

Recording  verdict   

Returning  execution  

Entering  final  judgment 

Mileage 

Entering  new  trial 

Ketiirnins'  nrrler  of  salr» 

BILL,  OF  COSTS  —  continued. 

JUSTICE'S  FEES. 

Dolls. 

Cts. 

CONSTABLE'S  FEES. 

Dolls. 

CtB. 

Taking  appeal  bond  

Returning  alias  citation  

Transcript  of  docket  

Returning  alias  execution  

Issuing  execution  

Total  amount  of  constable's 

Recording  return         Execution. 

cost                           .      .  $ 

Acknowledgment  for  stay   .... 

Total  amount  J.  P.  cost.    .$ 

, 

Taxing  costs  and  copy  

Postage  

Jury  fees  

Order  of  sale  

Alias  citation  

Alias  execution  



Witness  fees  $ 

Total  costs  $ 

R.  S.  Arts.  2338  (2281).  2327  (2270),  1658  (1628). 


No.  242. 
INDORSEMENT  ON  BACK  OF  EXECUTION. 

Execution. —  No In Court,   County, 

Texas vs Fi.  Fa.      Judgment , 

19.  .     For  ....  fees,  $....:  for  sheriff's  fees,  $....;  for  witness'  fees, 

$ ;$ Issued day  of  „ A.  D.  19 , 

Justice  of  the  Peace. 

If  the  judgment  commands  the  sale  of  particular  property  for  the  sat- 
isfaction thereof,  the  writ  shall  be  framed  accordingly;  if  for  the  de- 
livery of  the  possession  of  real  or  personal  property,  the  writ  shall 


180  TEXAS  CIVIL  FORM  BOOK. 

require  the  officer  to  deliver  the  possession  of  the  same,  particularly 
describing  it,  to  the  party  entitled  thereto,  and  may  at  the  same  time 
require  the  officer  to  satisfy  any  costs,  damages  or  rents  and  profits  re- 
covered by  the  same  judgment,  out  of  any  property  subject  to  execution 
of  the  party  against  whom  it  is  rendered ;  if  for  the  recovery  of  personal 
property  or  its  value,  the  writ  shall  command  the  officer,  in  case  delivery 
thereof  cannot  be  had,  to  levy  and  collect  the  value  thereof  for  which 
ihe  judgment  was  recovered,  to  be  specified  therein,  out  of  any  property 
of  the  party  against  whom  the  judgment  was  rendered,  liable  to  the 
execution.  When  an  alias  or  pluries  execution  is  issued,  it  shall  show 
upon  its  face  the  number  of  previous  executions  which  have  been  issued 
on  the  judgment. 
R.  S.  Art.  2338  (2281). 

The  execution  shall  be  returnable  to  the  first  day  of  the  next  term  of 
the  court,  or  in  thirty,  sixty  or  ninety  days,  if  so  directed  by  the  plain- 
tiff, his  agent  or  attorney. 

R.  S.  Art.  2339  (2282). 

The  officer  receiving  an  execution  shall  indorse  thereon  the  exact  hour 
and  day  when  he  received  it,  and  if  he  receives  more  than  one  on  the 
same  day  against  the  same  person,  he  shall  number  them  as  received, 
and  failing  so  to  do,  he  and  his  sureties  shall  be  liable  in  damages,  etc. 

R.  S.  Art.  2340  (2283). 

How  execution  may  issue  on  judgment  after  death,  etc.,  see 
R.  S.  Arts.  2329-2333  (2272-2276).  ' 

To  what  county  execution  shall  issue,  when. 
R.  S.  Arts.  2335-2337   (2278-2280). 


No.  243. 

ALIAS  EXECUTION— JUSTICE  COURT. 

The  State  of  Texas.     To  the  Sheriff  or  any  Constable  of 

County  —  Greeting : 

Whereas, ,  plaintiff.  .,  on  the day  of ,19. ., 

before  me,  a  justice  of  the  peace,  precinct  No for  the  county  of 

,  Texas,  recovered  a  judgment  against ,  defend- 
ant. .,  for  the  sum  of dollars,  together  with  all  costs  of  suit, 

which  said  defendant  is  now  entitled  to  pay.    And  whereas,  a  fieri  facias 

thereon  issued  to  the  sheriff  or  any  constable  of .  County,  Texas, 

on  the day  of ,  19 .  .,  and  was  returned  as  follows 

(here  state  the  return  of  the  officer)  : 


TEXAS  CIVIL  FORM  BOOK. 


18.1 


Now  therefore  you  are  hereby  commanded,  as  you  have  been  two 
times  heretofore  commanded,  that  of  the  goods  and  chattels,  lands  and 

tenements  of  the  said ,  defendant . . ,  you  cause  to  be  made 

the  sum  of dollars,  with  interest  thereon  from  the  ....  day  of 

,  19 .  . ,  at  the  rate  of  ...  .per  cent  per  annum  until  paid,  together 

with  the  sum  of dollars,  cost  of  suit ;  also  the  costs  of  executing 

this  writ. 

Herein  fail  not,  and  have  you  the  said  moneys,  together  with  this  writ, 
with  your  return  thereon  showing  how  you  have  executed  the  same,  at 

my  office  in  precinct  No ,  county  of  .  . .  .,.  •  •  -,  within  sixty  days 

from  the  date  hereof. 

Given  under  my  hand  this  ....  day  of ,  19 .  . 


Justice  of  the  Peace,  Precinct  No .  . .  . ,   County. 

R.  S.  Art.  2338  (2281). 


BILL  OF  COSTS. 


JUSTICE'S  COSTS. 

Dolls. 

Cts. 

CONSTABLE'S  COSTS. 

Dolls. 

Cts. 

Alias  citation               

Bill  of  sale  to  purchaser 

Attachment        

Citation  

Care  of  property 

Acknowledging  ^tay       

Deed  

Bond                        

Executing  writ  of  possession 

Garnishment.  . 

Certificate  and  oath      

Levying  execution 

Certificate                    

Levying  attachment 

Commission  on  deposition  

Levying  writ  of  sequestration 

Citation  ....  Copies  

Making  money  by  sale  .  . 

Docketing                       

Mileage  ....  \files 

Execution  and  return  

Order  of  sale  

Return  execution 

Filing       .  papers,  each  

Summoning  jury  

Garnishment      

Serving  notice. 

Judgment  by  default  

Subpoena  

Judgment  final          .           .... 

Taking  bond.  . 

Jury  fees          

Taking  bond  of  indemnity 

Interlocutory  judgment  

Taking  bond  of  replevy 

New  trial  

Without  sale  

Nonsuit                .               

Order 

Swearing         Witnesses          .    ." 

Sequestration         

SubpcBna  

Transcript 

Taxing  costs  and  bill             .    . 

Taking         Depositions      

Transcript  of  docket  

Takin»r  appeal  bond            

Venire   

Writ  of  restitution 

Witness  fees     

Total  costs 

182  TEXAS  CIVIL  FORM  BOOK. 

No.  244. 
EXECUTION   FOR   PERSONAL   PROPERTY   OR   ITS   VALUE. 

The  State  of  Texas.     To  the  Sheriff  or  any  Constable  of .' 

County  —  Greeting : 

Whereas,  on  the  ....  day  of ,  A.  D.  19 .  ., recov- 
ered a  judgment  in  the Court  of ,  against , 

for  the  title  and  possession  of  the  following  described  personal  property, 
or  its  value  as  hereinafter  stated  in  case  delivery  cannot  be  had,  to  wit: 

(here  describe  said  property,  and  the  value  of  each  article),  and 

also  for  the  sum  of dollars,  with  interest  thereon  from  the  .... 

day  of ,  A.  D.  19.  .,  at  .  . .  .  per  cent  per  annum,  and  all  costs  of 

suit,  as  of  record  is  manifest, 

Therefore  you  are  hereby  commanded  to  seize  the  above  described 

property  and  deliver  possession  of  the  same  to  the  said  , 

but  in  case  said  property,  or  any  part  thereof,  cannot  be  found,  so  that 
a  delivery  thereof  cannot  be  made,  then  of  the  goods  and  chattels,  lands 

and  tenements  of  the  said cause  to  be  made  the  value 

thereof,  as  above  specified,  and  also  said  sum  of dollars,  and  in- 
terest as  aforesaid,  together  with  the  sum  of dollars,  costs  ad- 
judged against  the  said ,  and  also  the  further  costs  of 

executing  this  writ. 

Herein  fail  not,  and  have  you  the  said  moneys,  together  with  this  writ, 

before  said  court,  at  the  courthouse  thereof  in  the  town  of ,  on 

the  ....  Monday  in next,  being  the day  of  .  . .  . ,  A.  D.  19 . . 

Witness ,  Clerk  of  the Court  of County. 

Given  under  my  hand  and  the  seal  of  said  court,  at  office  in  the  town 
of ,  this  the day  of ,  A.  D.  19. . 


Clerk  of Court,  County. 

Issued  this  ....  day  of ,  A.  D.  19.  . 


Clerk  of Court,   . County. 

R.  S.  Art.  2338  (2281). 


No.  245. 

EXECUTION  FOR  THE  DELIVERY  OF  PROPERTY. 


The  State  of  Texas.     To  the  Sheriff  or  any  Constable  of 

County  —  Greeting: 

Whereas,  on  the  ....  day  of ,  A.  D.  19.  .,   recov- 
ered a  judgment  in  the Court  of County  against 

for  the  title  and  possession   of  the  following  described 

property,  to  wit:   (here  describe  the  property),  and  for  the 


TEXAS  CIVIL  FORM  BOOK.  183 

sum  of  ....  dollars,  with  interest  thereon  from  the  ....  day  of , 

A.  D.  39. .,  at  ....  per  cent  per  annum,  and  all  costs  of  suit,  as  of 
record  is  manifest: 

Therefore  you  are  hereby  commanded  to  seize  the  above  described 

property,  and  deliver  possession  of  the  same  to  the  said , 

and  of  the  goods  and  chattels,  lands  and  tenements  of  the  said 

cause  to  be  made  said  sum  of dollars,  and  interest  as  aforesaid, 

together  with  the  sum  of dollars,  costs  adjudged  against  the  said 

,  and  also  the  further  costs  of  executing  this  writ. 

Herein  fail  not,  and  have  you  the  said  moneys,  together  with  this  writ 

before  said  court,  at  the  courthouse  thereof  in  the  town  of ,  on 

the  . . .  Monday  in next,  being  the  . . .  day  of ,  A.  D.  19. . 

Witness ,  Clerk  of  the Court  of County. 

Given  under  my  hand  and  the  seal  of  said  court,  at  office  in  the  town 
of ,  this  the day  of ,  A.  D.  19 . . 


Clerk  of Court,  County. 

Issued  this  ....  day  of ,  A.  D.  19. . 


Clerk  of Court, County. 

R.  S.  Art.  2338   (2281). 

Where  the  judgment  is  for  personal  property,  and  it  is  shown  by  the 
pleadings  and  evidence,  and  the  verdict,  if  any,  that  such  property  has 
.an  especial  value  to  the  plaintiff,  the  court  may  award  a  special  writ  for 
the  seizure  and  delivery  of  such  property  to  the  plaintiff,  and  the  court 
may,  in  addition  to  the  other  relief  granted  in  such  case,  enforce  its 
judgment  by  attachment,  fine  and  imprisonment. 

R.  S.  Art.  1339  (1339). 

Process  in  the  nature  of  an  execution  which  requires  only  the  delivery 
of  real  or  personal  property  may  be  issued  at  the  same  time  to  different 

•counties. 

R.  S.  Art.  2337  (2280). 


No.  246. 

EXECUTION  AND  ORDER  OF  SALE. 

The  State  of  Texas.     To  the  Sheriff  or  any  Constable  of .- 

County  —  Greeting : 

Whereas,  on  the  ....  day  of ,  A.  D.  19.  ., recov- 
ered a  judgment  in  the Court  of County  against 

,  for  the  sum  of dollars,  with  interest  thereon  from 

the  ....  day  of ,  A.  D.  19 . .,  at  . . . .  per  cent  per  annum,  and  all 

costs  of  suit,  with  a  foreclosure  of  a  lien  on  the  following  described 
property,  to  wit :    (here  describe  said  property),  as  it  existed 


]84  TEXAS  CIVIL  FORM  BOOK. 

on  the  ....  day  of ,  A.  D.  19.  .,  and  that  said  property  be  sold  as 

under  execution  in  satisfaction  of  said  judgment: 

Therefore,  you  are  hereby  commanded  that  you  seize  the  above  de- 
scribed property  and  sell  the  same  as  under  execution.  And  should 
the  proceeds  of  said  sale  be  insufficient  to  satisfy  said  judgment,  inter- 
est and  costs  of  suit,  and  the  further  costs  of  executing  this  writ,  then 

of  the  goods  and  chattels,  lands  and  tenements  of  the  said , 

you  will  cause  to  be  made  said  sum  of  money  then  remaining  unpaid. 

Herein  fail  not,  and  have  you  the  said  moneys,  together  with  this 
writ,  showing  how  you  have  executed  the  same,  before  said  court,  at  the 

courthouse  thereof  in  the  town  of ,  on  the  .  .  .  Monday  in 

next,  the  same  being  the  ....  day  of ,  A.  D.  19.  .,  (or  in  thirty, 

sixty  or  ninety  days,  if  so  directed  by  the  plaintiff). 

Witness ,  Clerk  of  the Court  of 

County. 

Given  under  my  hand  and  the  seal  of  said  court,  at  office  in  the  town 
of ,  A.  D.  19.. 


Clerk  of Court, County. 

Issued  this  ....  day  of ,  A.  D.  19 .  . 


Clerk  of Court,    County. 

R.  S.  Art.  2338  (2281). 

The  several  items  of  the  bill  of  costs  to  be  collected  under  the  execu- 
tion shall  be  indorsed  thereon  in  intelligible  words  and  figures. 
Art.  2338   (2281). 

If  execution  is  not  issued  within  twelve  months  after  the  rendition  of 
a  judgment  in  any  court  of  record,  the  judgment  shall  become  dormant, 
and  no  execution  shall  issue  thereon  unless  such  judgment  be  revived; 
but  where  the  first  execution  has  issued  within  the  twelve  months  the 
judgment  shall  not  become  dormant  unless  ten  years  shall  have  elapsed 
between  the  issuance  of  executions  thereon,  and  execution  may  issue  at 
any  time  within  ten  years  after  the  issuance  of  the  preceding  execution. 

R.  S.  Art.  2326a. 

Execution  may  issue  after  the  expiration  of  twenty  days  after  the  ren- 
dition of  a  final  jiulgment  in  the  district  or  county  court,  and  after  the 
overruling  of  any  motion  therein  for  a  new  trial  or  in  arrest  in  judg- 
ment, if  no  supersedeas  bond  on  appeal  or  writ  of  error  has  been  filed 
and  approved. 

R.  S.  Art.  2325  (2268). 

Execution  shall  issue  on  the  eleventh  day  after  a  final  judgment  in 
the  justice  court,  if  the  case  has  not  been  appealed,  and  no  stay  of  exe- 
cution has  been  granted. 

R.  S.  Art.  1661    (1631). 


TEXAS  CIVIL  FORM  BOOK.  185 

No.  247. 

DELIVERY  BOND  IN  EXECUTION, 
vs.  .  .  No.  In  .  .  Court  of  . 


County. 

Whereas,  by  virtue  of  a  writ  of  execution  issued  out  of  the  justice 

court  of  precinct  No.  . .,  in  and  for  the  county  of ,  on  the  .... 

day  of ,  A.  D.  19. .,  upon  a  certain  judgment  rendered  in  said 

court,  on  the  ....  day  of ,  A.  D.  19 .  .,  in  favor  of , 

plaintiff,  against ,  defendant, ,  the  sheriff  of 

said  county  of ,  did,  on  the  . . .  day  of ,  A.  D.  19 . .,  seize 

and  take  possession  of  the  following  described  property  of  said  defend- 
ant, to  wit: (here  describe  the  property),  which  by  said  sheriff 

has  been  appraised  at dollars,  which  is  the  fair  value  thereof,  and 

has,  at  the  request  of  said  defendant,  been  returned  to  him  by  said 

sheriff :   Now  therefore  we, ,  as  principal,  and . . , 

and ,  as  sureties,  acknowledged  ourselves  bound  to  said 

,  plaintiff,    for    the    delivery    of    said    property    to    said 

,  sheriff,  as  aforesaid,  at   .on  the   ....   day  of 

,  A.  D.  19.  .,  to  be  sold  according  to  law,  or  for  the  payment  to 

said  officer  of  said  sum  of dollars,  the  fair  value  of  said  property 

as  aforesaid. 

Witness  our  hands  this  the  ....  day  of ,  A.  D.  19.  . 


Approved  ....  day  of ,  A.  D.  19 .. 

Sheriff  of County. 

R.  S.  Art.  2357   (2390). 

In  case  of  nondelivery  of  the  property  according  to  the  terms  of  the 
bond,  and  nonpayment  of  the  value  thereof,  the  officer  shall  forthwith 
return  the  bond,  indorsed  "  forfeited,"  to  the  clerk  of  the  court  from 
which  execution  issued ;  whereupon,  if  the  judgment  remains  unsatis- 
fied in  whole  or  in  part,  the  clerk  shall  issue  execution  against  the  prin- 
cipal debtor  and  the  sureties  on  the  bond  for  the  amount  due,  not  ex- 
ceeding the  stipulated  value  of  the  property,  upon  which  execution  no 
delivery  bond  shall  be  taken,  which  fact  flvall  be  indorsed  by  the  clerk 
on  the  execution. 

R.  S.  Art.  2359  (2302). 


186  TEXAS  CIVIL  FORM  BOOK. 

No.  248. 
EXECUTION   ON   FORFEITED   DELIVERY   BOND. 

The  State  of  Texas.     To  the  Sheriff  or  any  Constable  of 

County  —  Greeting : 

Whereas,  on  the day  of ,  A.  D.  19 . ., ,  plain- 
tiff, recovered  a  judgment  in  the Court  of County. 

against ,  defendant,  for  the  sum  of dollars,  with,  in- 
terest thereon  from  the  ....  day  of ,  A.  D.  19 .  . ,  at  .  . . .  per  cent 

per  annum,  and  all  costs  of  suit,  as  of  record  is  manifest,  upon  which 

there  is  now  due  the  sum  of dollars,  and  the  further  sum  of 

dollars,  costs  of  suit;  and  whereas,  on  the  ....  day  of , 

A.  D.  19. .,  an  execution  was  issued  on  said  judgment,  directed  to  the 

sheriff  or  any  constable  of County,  which  was  returned  with  the 

following  indorsement  thereon,  to  wit :   "  Came  to  hand  on  the  ....  day 

of ,  A.  D.  19  . .,  at  .  . .  .  o'clock  .  .  m.,  and  executed  on  the  same 

day  by  taking  into  my  possession  the  following  described  personal  prop- 
erty of  the  defendant,  designated  by  him  to  be  levied  upon,  to  wit: 
....'....  (here  describe  the  property),  and  the  defendant  having  re- 
quested the  return  of  the  property  to  him,  and  having  tendered  to  me 

his  bond,  with and ,  sureties,  conditioned  for 

the  delivery  of  said  property  to  me  at ,  on  the  ....  day  of , 

A.  D.  19.  .,  to  be  sold  according  to  law,  or  for  the  payment  to  me  of  the 

fair  value  of  said  property,  to  wit,  the  sum  of dollars,  I  returned 

said  property  to  said  defendant  on  the  ....  day  of ,  A.  D.  19.  . 

,  sheriff  of County ;"  and  whereas,  afterward, 

on  the  ....  day  of ,  A.  D.  19 .  . ,  the  said  sheriff  returned  said 

bond  to  the  clerk  of  said  court,  indorsed  "  forfeited  " : 

Now  therefore  you  are  hereby  commanded  that  of  the  goods  and 

chattels,  lands  and  tenements  of  the  said ,  principal  debtor, 

and and ,  sureties,  you  cause  to  be  made  the 

said  sum  of dollars   (the  amount  of  the  judgment,  with  costs, 

not  exceeding  the  stipulated  value  of  the  property),  and  also  the  further 
costs  of  executing  this  writ. 

Herein  fail  not,  and  have  you  the  said  moneys,  together  with  this 
writ,  before  said  court  at  the  courthouse  of  said  county,  in  the  town  of 

,  on  the  ....  Monday  in next,  being  the  ....  day  of 

,  A.  D.  19.. 

Witness ,  Clerk  of  the Court  of County. 

Given  under  my  hand  and  seal  of  said  court,  at  office  in  the  town  of 
thi?  the day  of ,  A.  D.  19 .. 

Clerk  of Court, County. 


TEXAS  CIVIL  FORM  BOOK.  187 

Issued  this  ....  day  of ,  A.  D.  19.  . 

Clerk  of Court, County. 

R.  S.  Art.  2359  .(2302). 

The  clerk  or  justice  of  the  peace  shall  indorse  on  the  execution  that 
710  deliver}-  bond  is  to  be  taken. 


ffo.  249. 

VENDITIONI  EXPONAS. 

The  State  of  Texas.     To  the  Sheriff  or  any  Constable  of 

County  —  Greeting : 

Whereas,  on  the  ....  day  of ,  A.  D.  19 .  . , recov- 
ered a  judgment  in  the Court  of County,  against 

,  for  the  sum  of  ....  dollars,  with  interest  thereon  from 

the  . . .  day  of ,  A.  D.  19 .  .,  at  . . .  per  cent  per  annum,  besides  the 

costs  in  that  behalf  expended,  as  of  record  is  manifest.     And  whereas, 

,  sheriff  of County,  has,  by  virtue  of  'an  execu- 
tion issued  upon  the  aforesaid  judgment,  levied  upon  certain  property 

of  the  said ,  of  the  following  description,  to  wit: 

{here  describe  the  property  levied  upon):  Therefore,  you  are  hereby 
commanded  that  you  proceed  according  to  law,  and  sell  the  above  de- 
scribed property  as  under  execution,  and  apply  the  proceeds  thereof  to 

the  payment  and  satisfaction  of  the  aforesaid  sum  of dollars, 

with  the  interest  due  thereon,  from  the  ....  day  of ,  A.  D.  19. .", 

at  the  rate  of  ....  per  cent  per  annum ;  also,  the  sum  of dollars 

for  costs  of  suit,  wKich  against  the  said were  adjudged, 

together  with  the  further  costs  of  executing  this  writ. 
Herein  fail  not,  and  have  the  said  moneys,  together  with  this  writ, 

before  said  court,  at  the  courthouse  thereof,  in  the  town  of 

on  the   ....   Monday  in   next,  being  the   ....    day  of   , 

A.D.  19.. 

Witness ,   Clerk  of  the Court   of 

County. 

Given  under  my  hand  and  the  seal  of  said  court,  at  the  office  in  the 

town  of  .  .' ,  this  the day  of ,  A.  D.  19 .. 

(Seal.)  

Clerk  of Court,   County. 

Tssued  this  ....  day  of A.D.  19 .. 


Clerk  of Court, , .  County. 


188  TEXAS  CIVIL  FOBM  BOOK. 

No.  250. 

CERTIFICATE  OF  COUNTY  CLERK  ON  EXECUTION  ISSUED  BY  JUSTICE 

OF  THE  PEACE. 

The  State  of  Texas,  County  of 

I, ,  county  clerk  of County,  Texas,  do  hereby 

certify  that (here  give  the  name  of  the  justice  of  the  peace 

issuing  the  execution),  by  whom  the  foregoing  execution  was  issued, 
and  who  has  thereunto  signed  his  name,  was  at  the  time  of  so  doing  a 
justice  of  the  peace  in  and  for  the  county  and  State  above  named,  duly 
qualified  as  such ;  that  his  official  acts  are  entitled  to  full  faith  and 
credit,  and  that  his  signature  thereto  is  genuine. 

Given  under  my  hand  and  seal  of  office,  at ,  Texas,  this  the 

day  of . .,  A.  D.  19.. 

(Seal.)  

County  Clerk County,  Texas. 

R.  S.  Art.  1663  (1633). 

Where  an  execution  from  a  justice  court  is  sent  to  a  county  other  than 
that  in  which  the  judgment  was  rendered,  it  shall  be  accompanied  by 
said  certificate  of  the  countv  clerk. 


No.  251. 

CLERK'S  CERTIFICATE  OF  OFFICIAL  CHARACTER. 

The  State  of  Texas,  County  of 

I, ,  clerk  of  the  County  Court  of  said  county  (which  is 

a  court  of  record),  do  hereby  certify  that ,  whose  name  is 

subscribed  to  the  annexed ,  was  at  the  date  of  the  same,  and  is 

now  a (here  give  the  official  character)  in  and  for  said  county, 

duly  commissioned  and  qualified,  and  authorized  by  law  to  administer 
oaths  and  take  acknowledgments  of  instruments,  and  full  faith  and 
credit  are  due  to  all  his  official  acts  as  such. 

And  I  do  further  certify,  that  the  signature  attached  to  the  annexed 
is  his  proper  signature,  and  is  genuine. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  affixed  the  seal 

of  the  said  County  Court,  at  my  office  in  \ this day  of 

,  A.  D.  19.. 


Clerk  County  Court,   County,  Texas. 

By    ,   Deputy. 


TEXAS  CIVIL  FORM  BOOK.  189 

No.  252. 

NOTICE  OF  LEVY  OF  EXECUTION  TO  PART  OWNER. 
The  State  of  Texas,  County  of To  

You  are  hereby  notified,  that  by  virtue  of  an  execution  lately  issued 

by ,  a  justice  of  the  peace  in  and  for  said  county,  in  favor 

of ,  against ,  No on  the  docket  of  said 

court,  I  have  this  day  levied  on  as  the  property  of , 

defendant,  a  half  interest  in (here  describe  the  property), 

valued  by  me  at  the  sum  of dollars,  same  being  now  in  your  pos- 
session, as  part  owner  thereof. 

Witness  my  hand  this  the  ....  day  of ,  A.  D.  19.  . 


Constable  of County,  Texas. 

R.  S.  Art.  2349   (2292). 


No.  253. 

RETURN  UPON  AN  EXECUTION  OF  SALE  OF  STOCK  RUNNING  IN  THE 

RANGE. 

Came  to  hand  on  this  the  ....  day  of ,  A.  D.  19. .,  at  .... 

o'clock  . .  m.,  and  executed  at ,  in County,  Texas,  on 

the  ....  day  of ,  A.  D.   19  .  .,  at  ....  o'clock  . .  m.,  by  levying 

the  same  upon,  as  the  property  of ,  defendant, head  of 

stock  cattle,  running  at  large  on  the  range  in County,  Texas, 

and  bearing  the  mark  of (here  give  the  mark)  and  branded  as 

follows (here  give  the  brand),  valued  by  me  at  the  sum  of 

dollars.     Said  levy  was  made  in  the  presence  of 

and ,  credible  persons,  and  the  said ,  defend- 
ant, has  been  by  me  duly  notified  in  writing  of  said  levy.  And  after- 
ward, on  the  ....  day  of ,  A.  D.  19 . . ,  I  advertised  the  same  for 

sale  at ,  on  the  ....  day  of ,  A.  D.  19. .,  by  written  ad- 
vertisement posted  for  ten  days  successively  at  three  public  places  in  the 

county  of ,  one  of  which  was  at  the  courthouse  door  of  said 

county,  and  one  at ,  the  place  of  sale.    And  on  said  ....  day  of 

,  A.  D.  19.  .,  at ,  pursuant  to  said  advertisement,  I  sold 

said  above  described  cattle  to ,  to  whom  the  same  was 

struck  off  for  the  sum  of dollars,  that  being  the  highest  sum  bid 

for  the  same.    And  the  said having  paid  the  sum  so  bid  by 

him,  the  said  cattle  were  sold  and  delivered  to  him.  The  distance 
actually  traveled  in  the  execution  of  such  process  is  ....  miles. 


Sheriff  of County,  Texas. 

R.  S.  Art.  2350  (2293). 


190  TEXAS  CIVIL  FORM  BOOK. 

No.  254. 

NOTICE  OF  LEVY  OF  EXECUTION  OF  STOCK  RUNNING  IN  THE  RANGE. 
The  State  of  Texas,  County  of To  

You  are  hereby  notified  that  by  virtue  of  an  execution  lately  issued 

out  of  the Court  of County,  Texas,  in  favor  of 

,  against  you,  No on  the  docket  of  said  court,  I  have 

this  day  levied  on,  as  your  property, head  of  stock  cattle  running 

at  large  on  the  range  in  said  county,  bearing  the  mark  of 

(here  give  the  mark),  and  the  brand  of (here  give  the  brand). 

Witness  my  hand  this  the  ....  day  of ,  A.  D.  19.  . 


Sheriff  of County,  Texas. 

R.  S.  Art.  2350  (2293). 


No.  255. 

RETURN  UPON  AN  EXECUTION  OF  SALE  UPON  THE  INTEREST  OF 

PARTNER. 

Came  to  hand  on  the  ....  day  of ,  A.  D.  19.  .,  at  . .  o'clock 

. .  in.,  and  executed  on  the  . .  .  day  of ,  A.  D.  19  . .,  at  .  .  o'clock 

.  .  m.,  by  levying  the  same  upon  the  interest  of r 

defendant,  in  the  property  belonging  to  the  firm  of ,  of 

County,  Texas,  by  leaving  a  notice  thereof,  at ,  in 

County,  Texas,  with a  member  of  said  firm.    And 

afterward,  on  the  ....  day  of  ......  A.  D.  19. .,  advertised  the  same  for 

sale  at ,  on  the  ....  day  of ,  A.  D.    19.  .,  by  written  adver- 
tisement posted  for  ten  days  successively  at  three  public  places  in  the 

county  of ,  one  of  which  was  at  the  courthouse  door  in  said 

county,  and  one  at ,  the  place  of  sale.    And  on  said  ....  day  of 

,  A.  D.  19.  .,  pursuant  to  said  advertisement,  I  sold  said  interest 

of  the  said ,  defendant,  in  the  said  property  belonging  to- 

the  firm  of ,  of County,  Texas,  to ,  at 

,  to  whom  the  satne  was  struck  off  for  the  sum  of dollars,. 

that  being  the  highest  sum  bid  for  the  same.     And  the  said 

having  paid  the  sum  so  bid  by  him,  the  same  was  sold  and  delivered  to 
him.     The  distance  actually  traveled  in  the  execution  of  such  process  is- 
.  miles. 


Sheriff  of County,  Texas. 

R.  S.  Art.  2352   (2295). 

A  levy  upon  the  interest  of  a  partner  in  partnership  property  is  made 
by  leaving  a  notice  with  one  or  more  of  the  partners,  or  with  a  clerk  of 


TEXAS  CIVIL  FORM  BOOK.  191 

the  partnership.    Sale  of  real  estate  under  execution  must  be  published 
in  a  newspaper. 

28th  Leg.,  Reg.  Ses.,  p.  104. 

A  levy  on  the  stock  of  any  corporation  or  joint-stock  company  is  made 
by  leaving  a  notice  thereof  with  any  officer  of  such  company. 
R.  S.     Art.  2351    (2294). 


No.  256. 
NOTICE  OF  CONSTABLE'S  SALE  OF  PERSONAL  PROPERTY. 

The  State  of  Texas,  County  of 

By  virtue  of  an  execution  issued  out  of  the  honorable Court 

of County,  on  the  ....  day  of ,  A.  D.  19.  .,  by  the  justice 

of  peace,  in  the  case  of versus No , 

and  to  me,  as  constable,  directed  and  delivered,  I  will  proceed  to  sell, 

within  the  hours  prescribed  by  law  for  constable  sales  on ,  the  .  . . 

day  of ,  A.  D.  19.  .,  at ,  in County,  the  follow- 
ing described  property,  to  wit :  (here  describe  the  property) 

levied  on  as  the  property  of to  satisfy  a  judgment  amount- 
ing to  $ in  favor  of and  costs  of  suit. 

Given  under  my  hand  this  ....  day  of ,  A.  D.  19. . 


Constable,  Precinct  No ,  County. 

By ,  Deputy. 

Notice  shall  be  given  for  ten  days  successively  of  the  time  and  place 
of  the  sale  of  any  personal  property,  by  posting  up  written  or  printed 
notices  thereof  in  three  public  places  in  the  county,  one  of  which  shall 
be  at  the  courthouse  door  of  the  county  and  one  at  the  place  where  the 
sale  is  to  be  made. 

R.  S.  Art.  2371   (2312). 


No.  257. 

RETURN  UPON  AN  EXECUTION  OF  SALE  OF  PERSONAL  PROPERTY. 

Came  to  hand  the  ....  day  of ,   A.   D.   19. .,   at  ....  o'clock 

. .  m.,  and  executed  on  the  . . .  day  of ,  A.  D.  19. .,  at  . . . .  o'clock 

. .  m.,  at  ....'....,  in County,  Texas,  by  taking  into  my  pos- 
session the  following  described  property  of  the  defendant,  pointed  out 

by  said  defendant,  viz:    (here  describe  the  property).     And 

afterward,  on  the  ....  day  of ,  A.  D.  19.  .,  advertised  the  same 

for  sale  at ,  on  the  ....  day  of ,  A.  D.  19 .  .,  by  written 

advertisement  posted  for  ten  days  successively  at  three  public  places  in 
the  county  of  ....-..,  one  of  which  was  at  the  courthouse  door  of  said 


192  TEXAS  CIVIL  FORM  BOOK. 

county,  and  one  at ,  the  place  of  sale.    And  on  said  ....  day  of 

,  A.  D.  19.  .,  at ,  pursuant  to  said  advertisement,  the 

said  property  being  then  and  there  present  and  subject  to  the  view  of 

the  persons  attending  the  sale,  I  sold  the  said  property  to , 

to  whom  the  same  was  struck  off  for  the  sum  of  ....  dollars,  that  being 

the  highest  sum  bid  for  the  same.     And  the  said having 

paid  the  sum  so  bid  by  him,  the  said  property  was  delivered  into  his 
possession.  The  distance  actually  traveled  in  the  execution  of  such 
process  is  ....  miles. 


Sheriff  (or  Constable)  of County. 

R.  S.  2349-2372   (2292-2313). 


No.  258. 

RETURN  UPON  AN  EXECUTION  OF  SALE  OF  PERSONAL  PROPERTY  IN 
POSSESSION  OF  PART  OWNER. 

Come  to  hand  on  this  the  .  . .  day  of ,  A.  D.  19.  .,  at  .  . .  o'clock 

.  .  m.,  and  executed  on  the  .  . .  day  of ,  A.  D.  19.  .,  at  .  . .  o'clock 

. .  m.,  at ,  in County,  Texas,  by  levying  the  same  upon 

as  the  property  of ,  defendant,  a  half  interest  in 

(here  describe  the  property),  valued  by  me  at  the  sum  of dollars, 

same   being  in   the   rightful   possession   of ,    part   owner 

thereof,  of  which  the  said has  been  duly  notified.     And 

afterward,  on  the  ....  day  of ,  A.  D.  19.  .,  advertised  the  same 

for  sale  at ,  on  the  ....  day  of ,  A.  D.  19 .  .,  by  written 

advertisement  posted  for  ten  days  successively  at  three  public  places  in 

the  county  of ,  one  of  which  was  at  the  courthouse  door  of  said 

county,  and  one  at ,  the  place  of  sale.    And  on  said  ....  day  of 

,  A.  D.  19.  .,  at ,  pursuant  to  said  advertisement,  I  sold 

said  half  interest  in  said  property  to ,  to  whom  the  same 

was  struck  off  for  the  sum  of dollars,  that  being  the  highest  sum 

bid  for  the  same.     And  the  said having  paid  the  sum  so 

bid  by  him,  the  said  half  interest  in  said  property  was  conveyed  and 
delivered  to  him.  The  distance  actually  traveled  in  the  execution  of 
such  process  is  ....  miles. 


Constable  of County. 

R.  S.  Art.  2349  (2292). 

A  levy  upon  personal  property  is  made  by  taking  possession  thereof, 
when  the  defendant  in  execution  is  entitled  to  the  possession ;  where  the 
defendant  in  execution  has  an  interest  in  personal  property,  but  is  not 
entitled  to  the  possession  thereof,  a  levy  is  made  thereon  by  giving  notice 
thereof  to  the  person  who  is  entitled  to  the  possession,  or  one  of  them 
when  there  are  several. 


TEXAS  CIVIL  FORM  BOOK.  193 

No.  259. 

RETURN  UPON  AN  EXECUTION  OF  SALE  OF  REAL  ESTATE  BY  PUBLI- 
CATION. 

Came  to  hand  the  ....  day  of ,  A.  D.  19 .  .,  at  . .  .  o'clock  .  .in., 

and  afterward,  to  wit,  on  the  ....  day  of ,  A.  D.  19. .,  at  .... 

o'clock  . .  m.,  being  unable  to  find  any  personal  property  or  uncultivated 

lands  in  my  county  belonging  to  the  defendant, ,  and  the 

defendant  neglecting  to  point  out  other  property,  at ,  in 

County,  Texas,  I  levied  the  within  writ  on  the  following 

described  cultivated  land  belonging  to  the  said  defendant,  to  wit 

'(here  describe  said  land).     And  afterward,  on  the  ....  day  of 

A.  D.  19.  .,  I  advertised  said  land  for  sale  at  the  courthouse  door  of 

the  county  of ,  in  the  State  of  Texas,  on  the  ....  day  of , 

A.  D.  19.  .,  being  the  first  Tuesday  of  said  month,  by  having  a  notice 
of  said  sale  published  in  the  English  language  once  a  week  for  three 

consecutive  weeks  preceeding  such  sale  in  the ,  a  newspaper 

published  in  the  county  of before  said  sale,  to  wit,  on  the 

.  . .  .,  ....  and  ....  days  of ,  A.  D.  19 .  .,  the  first  of  such  pub- 
lications being  not  less  than  twenty  days  immediately  preceding  the  day 
of  sale,  and  also  delivered  to  the  defendant  a  copy  of  said  notice  in 
writing  of  such  sale  (or  if  defendant  is  a  nonresident  of  the  county, 
that  a  copy  of  said  notice  was  mailed  to  him,  directed  to  him  at  his 

postoffice) ,  and  mailed  a  copy  of  the  same  to ,  his  attorney 

of  record,  and  I  herewith  return  a  printed  copy  of  said  notice.    And  on 

said  ....  day  of ,  A.  D.  19.  .,  between  the  hours  of  10  o'clock 

a.  m.  and  4  o'clock  p.  m.,  at  the  courthouse  door  of  said  county,  I  sold 

said  property  at  public  sale  to ,  to  whom  the  same  was 

struck  off  for  the  sum  of dollars,  that  being  the  highest  secure 

bid  for  the  same ;  and  the  said having  paid  the  sum  so  bid 

by  him,  I  executed  to  him  a  deed  for  said  land.  The  distance  actually 
traveled  in  the  execution  of  such  process  is  ....  miles. 


Sheriff  of County,  Texas. 

Art.  2367   (1895)   repealed  and  Art.  2366   (2309)   amended  by  28th  Leg.,  Reg. 
Ses.,  p.  104  (1903). 


No.  260. 

NOTICE  OF  SALE  OF  REAL  ESTATE  UNDER  EXECUTION. 
EXECUTION     SALE. 

State  of  Texas,  County  of  . In  the Court  of 

County,  Texas ,  Plaintiff,  vs ,  Defendant. 

Whereas,  by  virtue  of  an  execution  issued  out  of  the Court  of 

County,  Texas,  on  a  judgment  rendered  in  said  court  on  the 

Form  Book  — 13. 


194  TEXAS  CIVIL  FORM  BOOK. 

day  of ,  A.  D.  19 .  . ,  in  favor  of  the  said and 

against  the  said ,  No on  the  docket  of  said  court,  I 

did,  on  the  ...  day  of ,  A.  D.  19. .,  at  . . .  o'clock,  .m.,  levy  upon 

the  following  described  tracts  and  parcels  of  land  situate  in  the  county 

of ,  State  of  Texas,  and  belonging  to  the  said , 

to  wit: (here  give  a  brief  description  of  the  property  to  be 

sold,  giving  the  number  of  acres,  original  survey,  locality  in  the  county, 
and  the  name  by  which  the  land  is  most  generally  known,  but  it  shall  not 
be  necessary  for  it  to  contain  field  notes;  if  under  an  order  of  sale  on 
the  foreclosure  of  a  mortgage  or  other  lien,  describe  the  property  as  it  is 
described  in  the  judgment  and  order  of  sale)  ;  and  on  the  ....  day  of 

A.  D.  19 .  . ,  being  the  first  Tuesday  of  said  month,  between  the 

hours  of  10  o'clock  a.  m.  and  4  o'clock  p.  m.  on  said  day,  at  the  court- 
house door  of  said  county,  I  will  offer  for  sale  and  sell  at  public  auction, 

for  cash,  all  the  right,  title  and  interest  of  the  said in  and 

to  said  property. 
Dated  at ,  this  the day  of ,  A.  D.  19.  . 


Sheriff  of County,  Texas. 

R.  S.  Art.  2367  repealed  and  Art.  2366,  of  1895,  amended  by  the 
28th  Leg.,  Reg.  Ses.,  1903,  page  104 :  Said  notice  shall  be  published  in 
the  English  language  once  a  week  for  three  consecutive  weeks  preceding 
such  sale  in  some  newspaper,  published  in  said  county.  The  first  of  said 
publications  shall  appear  not  less  than  twenty  days  immediately  pre- 
ceding the  day  of  sale.  If  there  be  no  newspaper  published  in  the 
county  or  none  the  publisher  of  which  will  publish  the  notice  of  sale 
for  the  compensation  fixed  by  law,  not  exceeding  the  sum  of  five  dollars, 
the  officer  shall  then  post  such  notice  in  writing  in  three  public  places  in 
the  county,  one  of  which  shall  be  at  the  courthouse  door  of  such  county, 
for  at  least  twenty  days  successively  next  before  the  day  of  sale.  Writ- 
ten notice  of  such  sale  must  be  given  to  the  defendant  or  his  attorney 
either  in  person  or  by  mail.  But  this  article  does  not  affect  the  method 
of  advertising  land  under  powers  conferred  by  any  deed  of  trust  or  other 
contract  lien. 


No.  261. 

RETURN  UPON  AN  EXECUTION  OF  SALE  OF  REAL  ESTATE  BY  POSTING. 

Came  to  hand  the  ...  day  of ,  A.  D.  19.  .,  at o'clock  .  .m., 

and  afterward,  to  wit,  on  the  ....  day  of ,  A.  D.  19.  .,  at  .  . .  . 

o'clock  .  .m.,  being  unable  to  find  any  personal  property  or  uncultivated 
lands  in  my  county  belonging  to  the  defendant,  and  the  defendant 
neglecting  to  point  out  other  property,  I  levied  the  within  writ  on  the 

following  described  cultivated  land  belonging  to  the  defendant 

(here  describe  said  land).     And  afterward,  on  the  ....  day  of , 


TEXAS  CIVIL  FORM  BOOK.  196 

A.  D.  19. .,  advertised  the  same  for  sale  at  the  courthouse  door  of  the 

county  of ,  on  the  . . .  day  of ,  A.  D.  19 . .,  being  the  first 

Tuesday  of  said  month,  by  written  advertisement  posted  for  twenty  days 
successively  next  before  the  said  day  of  sale,  at  three  public  places  in 

the  county  of ,  one  of  which  was  at  the  door  of  the  courthouse 

of  said  county;  and  also  delivered  to  the  defendant  a  copy  of  said  notice 
(or  if  he  is  a  nonresident  of  the  county,  "  that  a  copy  of  the  notice  was 
mailed  to  him,  directed  to  him  at  his  postoffice"),  and  mailed  a  copy  of 

the  same  to ,  his  attorney  of  record. 

And  on  said  . . .  day  of ,  A.  D.  19. .,  between  the  hours  of  10 

o'clock  a.  m.  and  4  o'clock  p.  m.,  at  the  courthouse  door  of  said  county, 
I  sold  said  property  at  public  sale  to ,  to  whom  the  same- 
was  struck  off  for  the  sum  of  ....  dollars,  that  being  the  highest  secure 

bid  for  the  same;  and  the  said having  paid  the  sum  so  bid 

by  him,  I  executed  to  him  a  deed  for  said  land.  The  distance  actually 
traveled  in  the  execution  of  such  process  is miles. 


Sheriff  of  . ., County,  Texas. 

R.  S.  Art.  2366  (2309)  amended  by  26th  Leg.,  Reg.  Ses.,  p.  104  (1903). 

Real  property  taken  by  virtue  of  any  execution  shall  be  sold  at  public 
auction,  at  the  courthouse  door  of  the  county,  on  the  first  Tuesday  of 
the  month,  between  the  hours  of  10  o'clock  a.  m.  and  4  o'clock  p.  m. 

R.  S.  Art.  2360   (2303). 

Several  lots,  tracts  or  parcels  of  land  situated  in  any  town  or  city, 
shall  each  be  sold  separately,  unless  the  same  be  not  susceptible  of  a 
separate  sale  by  reason  of  the  character  of  the  improvements  thereon. 

R.  S.  Art.  2362  (2305). 

If  the  property  levied  on  does  not  sell  for  enough  to  satisfy  the  execu- 
tion the  officer  shall  proceed  anew,  as  in  the  first  instance. 
R.  S.  Art.  2374  (2315). 

Xotice  shall  be  published,  if  there  be  a  newspaper  in  the  county  that 
will  publish  it  for  the  compensation  allowed. 
R.  S.  Arts.  2366-2367   (2309). 

If  no  property  be  designated,  or  if  an  insufficient  amount  of  property 
be  designated,  levy  shall  be  made  in  the  following  order:  1.  On  per- 
sonal or  movable  property.  2.  On  uncultivated  lands;  and  3.  Upon 
cultivated  lands. 

R.  S.  Art.  2345  (2288). 


196  TEXAS  CIVIL  FORM  BOOK. 

No.  262. 

AFFIDAVIT  FOR  STAY  OF  EXECUTION. 

vs No.  ....     In  Justice's  Court  of  Pre- 
cinct No ,  County,  State  of  Texas. 

Now  comes  the  defendant in  the  above  styled  and  num- 
bered cause,  wherein  judgment  was  rendered  against  the  said 

on  the  ....  day  of ,  A.  D.  19.  .,  for  the  sum  of dollars,  to 

bear  interest  at  the  rate  of  ...  per  cent  from  date,  and  on  oath  says  that 
he  has  not  the  money  with  which  to  pay  said  judgment,  and  that  the 
enforcement  of  the  same  by  execution  prior  to  three  months  would  be 
a  hardship  upon  him  and  would  cause  a  sacrifice  of  his  property  which 
would  not  likely  be  caused  should  said  execution  be  stayed. 

Wherefore prays  for  a  stay  of  execution  as  provided  by 

law,  for  three  months  from  the  date  of  said  judgment. 


Sworn  to  and  subscribed  before  me,  this  the day  of 

A.  D.  19.. 


Justice  of  the  Peace,  Precinct  No ,   County,  Texas. 

R.  S.  Art.  1666   (1636). 


No.  263. 

STAY  BOND  IN  EXECUTION. 

vs No In  Justice's  Court  of  Pre- 
cinct No , County,  Texas. 

Know  all  men  by  these  presents,  that  whereas,  on  the day  of 

,  A.  D.  19. .,  in  the  above  styled  and  numbered  cause,  judgment 

was  rendered  in  favor  of against for  the  sum 

of dollars,  to  bear  interest  from  date  at  the  rate  of  ...  per 

cent  per  annum.  And  whereas filed  his  affidavit  in  writing 

as  provided  by  law,  and  has  applied  for  a  stay  of  execution  for  three 
months  from  the  date  of  such  judgment: 

Now  therefore  we,  the  undersigned ,  as  principal,  and 

and ,  as  sureties,  acknowledge  ourselves 

jointly  and  severally  bound  to ,  for  the  full  amount  of 

said  judgment,  with  interest  and  costs. 

Witness  our  hands  this  ....  day  of ,  A.  D.  19 ... 


Approved  this  ....  day  of ,  A.  D.  19.  . 


Justice  of  the  Peace,  Precinct  No , County. 

R.  S.  Art.  1666  (1636). 


TEXAS  CIVIL  FORM  BOOK.  197 

No.  264. 

ORDER  GRANTING  STAY  OF  EXECUTION. 

vs No In  Justice's  Court  of  Pre- 
cinct No ,  County,  Texas. 

Whereas,  on  the  ....  day  of ,  A.  D.  19. .,  at  a  regular  term  of. 

my  court  held  in  and  for  precinct  No ,  of  said  county, 

recovered  judgment  against in  the  above  entitled  and  num- 
bered cause,  for  the  sum  of dollars  and  costs  of  suit ;  and  whereas, 

the  said has  this  day  filed  with  me  his  affidavit  in  writing 

that  he  has  not  the  money  with  which  to  pay  said  judgment,  and  that 
the  enforcement  of  the  same  by  execution  prior  to  three  months  from, 

the  date  of  such  judgment;  and  whereas,  the  said and 

and ,  as  sureties,  have  this  day  appeared  be- 
fore me  and  acknowledged  themselves  jointly  and  severally  bound  to  pay 

, ,  three  months  from  the  date  of  said  judgment,  the  full 

amount  of  said  judgment,  with  interest  and  costs,  it  is  therefore  consid- 
ered by  the  court  that  a  stay  of  execution  of  said  judgment  is  hereby- 

granted  the  said ,  for  three  months  from  the  date  of  said. 

judgment. 

Witness  my  hand  officially  this  ....  day  of ,  A.  D.  19. . 


Justice  of  the  Peace,  Precinct  No ,  County. 


EXECUTORS. 

• 

No.  265. 

APPLICATION  FOR  PROBATE  OF  WILL  PRODUCED  IN  COURT  AND  FOR 
LETTERS  TESTAMENTARY. 

The  State  of  Texas,  County  of Estate  of ,  De- 
ceased.    In  County  Court  of County,  Texas, 

Term,  A.  D.  19 ... 

To  the  Honorable  County  Court  in  and  for  said  County : 

Now  comes  your  petitioner,  ,  and  respectfully  shows  to 

the  court  that  he  resides  in County,  Texas;  that 

is  dead;  that  he  died  on  or  about  the  .'. . .  day  of ,  A.  D.  19. .,  at 

.,  in  the  county  of ,  State  of  Texas;  that  said  deceased 

at  the  time  of  his  death  was  a  resident  of  the  county  of ,  in  the 

State  of  Texas.    [Or  here  state  such  other  grounds  showing  jurisdiction 

of  the  court  as  given  in  E.  S.  Art.  1843  (1792).] 

That  at  the  time  of  his  death  the  said was  seized  and 

possessed  of  real  and  personal  property  of  the  probable  value  of 

dollars,  and  left  a  written  will,  duly  executed  and  herewith  filed,  in 

which  your  petitioner  was  appointed  executor. 


198  TEXAS  CIVIL  FORM  BOOK. 

That  your  petitioner  is  not  disqualified  by  law  from  accepting  letters 
testamentary. 

Wherefore  your  petitioner  prays  the  court  that  citation  be  issued  to 
all  parties  interested  in  said  estate  as  required  by  law,  that  said  will  be 
admitted  to  probate,  that  letters  testamentary  be  issued  to  your  peti- 
tioner, and  that  such  other  and  further  orders  be  made  as  to  the  court 
may  seem  proper. 

R.  S.  Art.    1884    (1831). 

Where  the  executor  named  in  the  will  shall  neglect  to  accept  and 
qualify  within  twenty  days  after  the  probate  of  the  will,  or  shall  neglect 
for  a  period  of  thirty  days  after  the  death  of  the  testator  to  present  the 
will  for  probate,  then  administration  with  the  will  annexed  to  the  estate 
of  such  testator  shall  be  granted,  should  administration  appear  to  be 
necessary. 

R.  S.  Art.  1912  (1859). 

Application  must  be  filed  within  four  years  after  the  death  of  the  tes- 
tator or  intestate,  except  citizens  of  this  State  who  have  suffered  losses 
by  Indian  depredations,  or  by  the  occupation  or  taking  of  their  property 
by  troops  enlisted  in  or  belonging  to  the  United  States  army. 

R.  S.  Art.  1880  (1895)  amended  by  26th  Leg.,  Reg.  Ses.,  p.  244  (1903). 


No.  266. 

APPLICATION  FOR  PROBATE  OF   WILL  WHICH  CANNOT  BE  PRODUCED 

IN  COURT. 

The  State  of  Texas,  County  of  . Estate  of ,  De- 
ceased.    In  County  Court  of County,  Texas, 

Term,  A.  D.  19 .  . 

To  the  Honorable  County  Court  in  and  for  said  County: 

Now  comes  your  petitioner,  ,  and  respectfully  shows  to 

the  court  that  he  resides  in County,  Texas;  that 

is  dead;  that  he  died  on  or  about  the day  of ,  A.  D.  19.  .,  at 

,  in  the  county  of ,  State  of  Texas;  that  said  deceased 

at  the  time  of  his  death  was  a  resident  of  the  county  of ,  in  the 

State  of  Texas.  [Or  here  state  such  other  grounds  showing  jurisdiction 
of  the  court  as  given  in  E.  S.  Art.  1843  (1792).] 

That  at  the  time  of  his  death  the  said was  seized  and 

possessed  of  real  and  personal  property  of  the  probable  value  of 

dollars,  and  left  a  written  will,  duly  executed  and  herewith  filed,  in 
which  your  petitioner  was  appointed  executor. 

That  your  petitioner  is  not  disqualified  by  law  from  accepting  letters 
testamentary. 

That  said  will  was  soon  after  the  death  of  the  said 

accidentally  destroyed,  and  cannot  now  be  produced  in  court. 


TKXAS  CIVIL  FORM  BOOK.  199 

That  the  contents  of  said  will,  as  far  as  known,  are  as  follows:  (hero 
give  the  provisions  of  the  will). 

That  said  will  was  dated  on, the  ....  day  of ,  A.  D.  19.  .,  and 

was  executed  in  the  presence  of and ,  cred- 
ible witnesses  above  the  age  of  fourteen  years,  who  subscribed  their 
names  thereto  as  witnesses  in  the  presence  of  said  testator. 

That  the  said ,  deceased,  left  surviving  him  his  wife 

,  and  two  children,  and ,  who 

are  under  twenty-one  years  of  age,  his  sole  heirs  at  law,  all  of  whom 
reside  in  the County,  Texas. 

Wherefore  your  petitioner  prays  the  court  that  citation  be  issued  to 
all  persons  interested  in  said  estate  as  required  by  law  and  to  the  heirs 

of  said ,  deceased,  herein  named,  that  said  will  be  admitted 

to  probate,  that  letters  testamentary  be  issued  to  your  petitioner,  and 
that  such  other  and  further  orders  be  made  as  to  the  court  may  seem 
proper. 


Sworn  to  and  subscribed  before  me,  this  the  ....  day  of ,  A. 

D.  19.. 


R.  S.  Art.  1886  (1833). 


No.  267. 
APPLICATION  FOR  THE    PROBATE  OF  A  NUNCUPATIVE  WILL. 

The  State  of  Texas,  County  of Estate  of ,  De- 
ceased.   In  County  Court  of County,  Texas. 

...; Term,  A.  D.  19 ... 

To  the  Honorable  County  Court  in  and  for  said  County: 

Now  comes  your  petitioner,  ,  and  respectfully  shows  to 

the  court  that  Re  resides  in County,  Texas;  that 

is  dead;  that  he  died  on  or  about  the  ....  day  of ,  A.  D.  19.  .,  at 

,  in  the  county  of  . ,  State  of  Texas;  that  said  deceased 

at  the  time  of  his  death  was  a  resident  of  the  county  of ,  in  tho 

State  of  Texas.  [Or  here  state  such  other  grounds  showing  jurisdiction 
of  the  court  as  given  in  R.  S.  Art.  1843  (1792).] 

That  at  the  time  of  his  death,  the  said was  seized  and 

possessed  of  personal  property  of  the  probable  value  of dollars. 

That  on  the day  of ,  A.  D.  19 .  .,  the  said ,  at 

his  usual  habitation  in  said  county  of ,  then  being years 

of  age  and  of  sound  mind,  but  languishing  under  a  dangerous  illness, 
made  his  last  will  and  testament,  in  the  manner. and  form  of  a  nun- 
cupative will,  and,  by  uttering  certain  testamentary  words  in  the  pres- 
ence of  witnesses  then  in  attendance,  did  bequeath  his  estate  as  follows: 
(Here  give  the  testamentary  words.) 


200  TEXAS  CIVIL  FOBM  BOOK. 

That  at  and  before  the  time  of  uttering  the  said  testamentary  words, 

the  said  testator  called  upon ,  then  present,  to  notice  and 

bear  testimony  that  what  he  was  about,  to  say  was  his  will,  and  said 

testator  did  then  and  there,  in  the  presence  of , 

and ,  who  reside  in  the  county  of ,  and  others 

then  present,  utter  the  very  testamentary  words  above  cited. 

That  on  the  day  following,  to  wit,  the  ....  day  of ,  A.  D.  19. ., 

the  said ,  and ,  reduced  the 

said  testamentary  words  to  writing.  That  the  said  testator  afterward, 

on  said  ....  day  of ,  A.  D.  19.  .,  and  during  said  illness,  died 

without  revoking  or  altering  said  nuncupative  will. 

That  your  petitioner  was  appointed  executor  in  said  will  and  is  not 
disqualified  by  law  from  accepting  letters  testamentary. 

That  said ,  deceased,  left  surviving  him  his  wife 

;....,  and  one  son,  ,  his  sole  heirs  at  law,  who 

reside  in County,  Texas.  Wherefore  your  petitioner  prays  the 

court  that  citation  be  issued  to  all  persons  interested  in  said  estate,  and 
to  the  said and .,  and  that  said  will  be  ad- 
mitted to  probate,  and  such  other  and  further  orders  be  made  as  to  the 
court  may  seem  proper. 


Sworn  to  and  subscribed  before  me,  this  ....  day  of ,  A.  D.  19 ... 

R.  S.  Art.  1887    (1834). 


No.  268. 

SUBPCENA  FOR  THE  PRODUCTION  OF  A  WILL. 

To  the  Sheriff  or  any  Constable  of County — Greeting : 

You  are  hereby  commanded  that  you  summon ,  if  to  be 

found  in  your  county,  to  be  and  appear  before  the  County  Court  of 

,  to  be  holden    at    the   courthouse   thereof   in    the  town  of 

• ; ,  on  the day  of ,  A.  D.  19 .  .,  and  that  he  bring  with 

him  the  last  will  of ,   deceased,  if  the   same  be  in  his 

possession. 

Given  under  my  hand  this  ....  day  of ,  A.  D.  19.  .. 

Witness :     

Clerk  of  said  Court. 
R.  S.  Art  1857    (1805). 


TEXAS  CIVIL  FORM  BOOK.  201 

No.  269. 

CONTEST  OF  WILL. 

The  State  of  Texas,  County  of Estate  of ,  De- 
ceased.    In  County  Court  of County,  Texas, 

Term,  A.  D.  19..  . 

To  the  Honorable  County  Court  of  said  County : 

Now  comes ,  of County,  Texas,  and  files  this 

his  objections  and  opposition  to  the  will  of ,  deceased,  now 

pending  before  this  court  for  probate,  at  this  term  of  the  court,  as  fol- 
lows, to  wit: 

First.  That  the  said ,  deceased,  at  the  time  of  making 

said  pretended  will,  was  not  of  sound  disposing  mind  and  memory. 

Second.  Because  the  said  will  was  made  under  an  undue  influence, 
the  said  testator  having  been  induced  to  disinherit  this  contestant  by 
means  of  divers  false  reports  and  representations  to  him  made,  by 
,  the  principal  legatee  in  said  will  named. 

Third.  Because  the  mind  and  memory  of  the  said , 

deceased,  at  the  time  of  making  said  pretended  will,  was  exceedingly 
imbecile  and  weak,  and  divers  fraudulent  practices  were  used  to  induce 
him  to  make  the  unreasonable  and  unjust  disposition  of  his  estate,  as 
contained  in  said  pretended  will.  That  this  contestant  is  an  heir  at  law 

of  the  said ......  deceased,  and  interested  in  said  estate,  all  of 

which  he  is  ready  to  verify. 

Wherefore  he  prays  judgment  of  the  court,  etc. 


R.  S.  Art.  1870  (1818). 


No.  270. 

PROOF  OF  WRITTEN  WILL  ATTESTED  BY  WITNESSES  AND  PRODUCED 

IN  COURT. 

The  State  of  Texas,  County  of Estate  of ,  De- 
ceased.   In  the  County  Court  of County,  Texas, 

Term,  A.  D.  19.  . 

On  this  the  ....  day  of ,  A.  D.  19.  .,  personally  appeared  in 

open  court ,  who,  being  duly  sworn,  deposes  and  says,  that 

on  the  . . .  day  of ,  A.  D.  19. .,  he  was  present  and  saw 

sign  the  instrument    filed  in  this     court    on    the  ....  day  of , 

A.  D.  19. .,  and  now  shown  to  him,  bearing  date  on  the  ....  day  of 

,  A.  D.  19..,  and  purporting  to  be  the  last  will  of  him,  the 

said ,  and  heard  him  publish  and  declare  the  same  to  be 

his  last  will  and  testament;  that  at  the  time  of  signing  and  publishing 
the  same,  the  said was  over  twenty-one  years  of  age,  ,ind 


202  TEXAS  CIVIL  FORM  BOOK. 

of  sound  mind ;  that   this  affiant  and ,   whose  signature 

appears  on  safd  instrument,  on  said  ....  day  of ,  A.  D.  19.'.,  then 

being  credible  witnesses  above  the  age  of  fourteen  years,  subscribed  their 
names  as  witnesses  to  the  same,  in  the  presence  and  at  the  request  of 
said  testator,  and  in  the  presence  of  each  other. 

That     afterward,     on    the  .  . .  .  day    of ,    A.    D.    19..,     said 

died  in  said  county  of ,  in  which  he  had  his 

domicile  at  and  before  his  death,  and  without  having  revoked  said  will, 
so  far  as  known  to  affiant. 


Sworn  to  and  subscribed  in  open  court  before  me,  this' ....    day  of 
,  A.  D.  19... 


R.  S.  Art.  1900  (1847). 

Facts  which  must  be  proved. 
R.  S.  Art.  1904  (1851). 

» 

All  testimony  shall  be  committed  to  writing,  etc. 
R.  S.  Art.  1906   (1853). 

If  none  of  the  witnesses  are  living  the  will  may  be  probated  on  proof 
by  two  witnesses  of  the  handwriting  of  the  subscribing  witnesses  thereto, 
and  also  of  the  testator,  if  he  was  able  to  write. 


No.  271. 
PROOF  OF  A  WRITTEN  WILL  NOT  PRODUCED  IN  COURT. 

The  State  of  Texas,  County  of Estate  of ,  De- 
ceased.   In  the  County  Court  of County,  Texas, 

Term,  A.  D.  19 ... 

On  this  the  ....  day  of ,  A.  D.  19.  .,  personally  appeared  in 

open  court ,  who,  being  duly  sworn,  deposes  and  says,  that 

on  the  .  . .  day  of ,  A.  D.  19 .  .,  he  was  present  and  saw 

sign  an  instrument  bearing  date  on  the  ....  day  of ,  A.  D.  19.  ., 

and  purporting  to  be  the  last  will  of  him,  the  said .,  and 

heard  him  publish  and  declare  the  same  to  be  his  last  will  and  testament ; 

that  at  the  time  of  signing  and  publishing  the  same,  the  said 

was  over  twenty-one  years  of  age  and  of  sound  mind;  that  this  affiant 

and ,  whose  signature  appears  on  said  instrument,  on  said 

....  day  of  ..,....,  A.  D.  19.  .,  then  being  credible  witnesses  above  the 
age  of  fourteen  years,  subscribed  their  names  as  witnesses  to  the  same,  in 
the  presence  and  at  the  request  of  said  testator^  and  in  the  presence  of 
each  other. 


TKXAS  CIVIL  FORM   BOOK.  203 

That  afterward,  on  the  ....  day  of ,  A.  D.  19 . .,  said 

died  in  said  county  of ,  in  which  he  had  his  domicile  at  and 

before  his  death,  and  without  having  revoked  said  will  so  far  as  known 
to  affiant. 

That  afterward,  on  the  ....  day  of ,  A.  D.  19. .,  affiant  saw 

said  will  in  the  possession  of .,  and  read  the  same;  that 

afterward,  on  the  same  day,  said  will,  while  in  possession  of  said 
.  . .  .,  was  accidentally  destroyed  by  fire. 

That  the  contents  of  said  will  are  substantially  as  follows :  (here  state 
at  length  the  provisions  of  the  will.) 


Sworn  to  and  subscribed  before  me,  in  open  court,  this  ....  day  of 
,  A.  D.  19.. 


County  Clerk  of County,  Texas. 

R.  S.  Art.  1901    (1848). 

If  all  the  material  facts  are  not  within  the  knowledge  of  one  witness, 
the  affidavit  of  such  facts  as  are  within  the  knowledge  of  each  witness 
may  be  made  by  the  several  witnesses  separately. 

A  written  will  which  cannot  be  produced  in  court,  the  cause  of  its 
nonproduction  must  be  proved,  and  such  cause  must  be  sufficient  to 
satisfy  the  court  that  it  cannot  by  any  reasonable  diligence  be  pro- 
duced, and  the  contents  of  such  will  must  be  substantially  proved  by 
the  testimony  of  a  credible  witness  who  has  read  the  same  or  has  heard 
it  read. 

R.  S.  Art.  1905    (1852). 


No.  272. 

PROOF  OF  A  WRITTEN  WILL  NOT  ATTESTED  BY  WITNESSES,  AND  PRO- 
DUCED IN  OPEN  COURT. 

The  State  of  Texas,  County  of Estate  of ,  De- 
ceased.   In  the  County  Court  of County,  Texas, 

-. . .  Term,  A.  D.  19 ... 

On  this  the  ....  day  of ,  A.  D.  19.  .,  personally  appeared  in 

-open  court and ,  who,  being  duly  sworn, 

depose  and  say,  that  they  personally  knew ,  deceased,  and 

were  well  acquainted  with  his  handwriting  and  signature. 

That  the  instrument  filed  in  this  court  on  the  ....  day  of , 

A.  D.  19. .,  and  now  shown  to  affiants,  bearing  date  on  the  ....  day  of 

,  A.  D.  19.  .,  and  purporting  to  be  the  last  will  and  testament 

of  said ,  and  the  signature  thereto,  are  wholly  in  the 

handwriting  of  the  said 


204  TEXAS  CIVIL  FORM  BOOK. 

That  at  the  date  of  said  instrument,  said was  over 

twenty-one  years  of  age  and  of  sound  mind. 

That  afterward,  on  the  day  of  ,  A.  D.  19..,  said 

died  in  said  county  of . .  .,  in  which  he  had  his 

domicile  at  and  before  his  death,  and  without  having  revoked  said  will, 
so  far  as  known  to  affiants. 


Sworn  to  and  subscribed  before  me,  in  open  court,  this  ....  day  of 
,  A.  D.  19... 


County  Clerk County,  Texas. 

R.  S.  Art.  1900   (1847). 

If  the  will  was  wholly  written  by  the  testator  it  may  be  probated  on 
proof  by  two  witnesses  of  his  handwriting,  by  affidavit  taken  in  open 
court  and  subscribed  to  by  the  witnesses,  or  by  deposition. 


No.  273. 

PROOF  OF  A  NUNCUPATIVE  WILL. 

The  State  of  Texas,  County  of Estate  of ,  De- 
ceased.    In  County  Court  of County,  Texas, 

. Term,  A.  D.  19 .. 

On  tliis  the  ....  day  of ,  A.  D.  19.  .,  personally  appeared  in 

open  court ,  ,  and ,  who,  being 

duly  sworn,  depose  and  say,  that  on  the  ....  day  of ,  A.  D.  19. .,. 

they  were  present  at  the  habitation  of ,  deceased,  in  the 

county  of ,  and  during  his  last  sickness;  that  the  said 

. . .  .,  deceased,  then  and  there  called  on  said to- 

take  notice  and  bear  testimony  that  what  he  was  about  to  say  was  his 
will;  that  said ,  deceased,  did  then  and  there,  in  the  pres- 
ence of  these  affiants,  utter  certain  testamentary  words,  as  follows: 
[Here  state  the  testamentary  words  set  out  in  the  will.  R.  S.  Art.  5339 
(4863).] 

And  affiants  further  say  that  said  ,  at  the  time  of  mak- 
ing his  nuncupative  will  in  manner  and  form  as  aforesaid,  was  over 
twenty-one  years  of  age  and  of  sound  mind,  and  that  these  affiants  were 
above  the  age  of  fourteen  years. 

That  afterward,  on  the  day  of  '.,  A.  D.  19..,  said 

,  during  his  said  last  sickness,  died  at  his  habitation  in 


TEXAS  CIVIL  FORM  BOOK.  205 

said  county  of ,  in  which  he  had  his  domicile  at  and  before  his 

death,  and  without  having  revoked  said  will,  so  far  as  known  to  affiants. 


Sworn  to  and  subscribed  before  me,  in  open  court,  this  ....  day  of 
,  A.  D.  19... 


County  Clerk County,  Texas. 

R.  S.  Art.  1903  (1850). 


No.  274. 

SUBP(ENA  IN  PROBATE. 

The  State  of  Texas.     To  the  Sheriff  or  any  Constable  of   

County,  said  State — Greeting: 

You  are  hereby  commanded  to  summon to  be  and  ap- 
pear before  the  honorable  County  Court  of County,  on  the  . .  . 

day  of ,  19 . .,  at  the  courthouse  in  the  .........  of to 

give  evidence  in  the  matter  of  the and  there  remain  from 

day  to  day  and  from  term  to  term,  until  discharged  by  due  course  of 
law.  Herein  fail  not,  and  make  due  return  of  this  writ  as  the  law 
directs. 

Given  under  my  hand  this  ....  day  of ,  A.  D.  19 ... 

Attest :     

Clerk  of  County  Court. 
By ,  Deputy. 

R.  S.  Art.  1857  (1805). 


No.  275. 

CITATION  ON  APPLICATION  FOR  PROBATE  OF  WILL. 

The  State  of  Texas.     To  the  Sheriff  or  any  Constable  of 

County  —  Greeting : 

You  are  hereby  commanded  to  cause  to  be  posted  for  ten  days,  ex- 
clusive of  the  day  of  posting,  before  the  return  day  hereof,  at  three  of 

the  most  public  places  in County,  one  of  which  shall  be  at  the 

courthouse  door,  and  no  two  of  which  shall  be  in  the  same  city  or  town, 
copies  of  the  following  notice: 

The  State  of  Texas.     To  all  persons  Interested  in  the  Estate  of 
,  Deceased : 

has  filed  in  the  County  Court  of County,  an 

application  for  the  probate  of  the  last  will  and  testament  of  said 
,  deceased,  filed  with  said  application,  and  for  letters  -tes- 
tamentary of  the  estate  of ,  deceased,  which  will  be  heard 


206  TEXAS  CIVIL  FORM  BOOK. 

at  the  next  term  of  said  court,  commencing  on  the  ...  Monday  in , 

A.  D.  19  .  .,  the  same  being  the day  of ,  A.  D.  19  .  .,  at  the 

courthouse  thereof,  in ,  at  which  time  all  persons  interested  in 

said  estate  may  appear  and  contest  said  application,  should  they  desire 
to  do  so. 

Herein  fail  not,  but  have  you  before  said  court  on  the  said  first  day 
of  the  next  term  thereof  this  writ,  with  your  return  thereon,  showing 
how  you  have  executed  the  same. 

Given  under  my  hand  and  the  seal  of  said  court  at  my  office  in 

,  Texas,  this day  of ,  A.  D.  19.  . 

(Seal.)  

Clerk  County  Court County,  Texas. 

By ,  Deputy. 

R.  S.  Art.  1889    (1836). 


No.  276. 

OFFICER'S  RETURN. 

Came  to  hand  on  the  ....  day  of ,  A.  D.  19.  .,  at  .  ; .  .  o'clock 

.  .  m.,  and  executed  on  the  ....  day  of ,  A.  D.  19.  .,  by  posting 

true  copies  of  the  within  citation  at.  three  of  the  most  public  places  in 

the  county  of ,  to  wit,  the  courthouse  door  of  said  county  and 

at and ,  no  two  of  which  places  are  in  the  same  city 

or  town.        The   distance   actually   traveled   in   the   execution   of  such 
process  is miles. 


Sheriff  of County,  Texas. 

R.  S.  Art.  1890  (1837). 


No.  277. 

CITATION  FOR  PROBATE  OF  WILL  NOT  PRODUCED  IN  COURT,  OR  FOR 
THE  PROBATE  OF  A  NUNCUPATIVE  WILL. 

The   State  of   Texas.     To   the  Sheriff  or  any   Constable  of 

County  • —  Greeting: 

You  are  hereby  commanded  to  cite  all  persons  interested  in  the  estate 

of ,   deceased,   and   also and , 

heirs  at  law  of ,  deceased,  who  are  alleged  to  reside  in  your 

said  county  of  ........  to  appear  at  the  next  regular  term  of  the  county 

court  of County,  to  be  holden  at  the  courthouse  thereof  on  the 

.  . .,  Monday  in ,  A.  D.  19 .  . ,  the  same  being  the  .  .  .  day  of , 


TEXAS  CIVIL  FORM  BOOK.  207 

A.  D.  19. .,  to  contest,  should  they  desire  to  do  so,  the  application  of 

,  filed  in  the  said  court,  and  which  will  then  and  there 

be  acted  on,  for  the  probate  of  the  last  will  and  testament  of  said 

,  deceased,  which  cannot  be  produced  in  court  (or  which 

was  made  as  a  nuncupative  will),  and  which  in  said  application  is  sub- 
stantially stated  to  be  as  follows:  (here  give  substantially  the  statement 
made  in  the  application.) 

Herein  fail  not,  but  have  you  before  said  court,  oil  the  said  first  day 
of  the  next  term  thereof,  this  writ,  with  your  return  thereon,  showing 
how  you  have  executed  the  same. 

Witness, ,  Clerk  of  the  County  Court  of 

County. 

Given  under  my  hand  and  the  seal  of  said  court  at  my  office  in  the  city 
of ,  this  the day  of ,  A.  D.  19. . 


Clerk  County  Court  of County,  Texas. 

R.  S.  Art.  1891  (1838). 

Service  of  citation  may  be  made  by  publication  thereof  in  a  news- 
paper published  in  the  county  in  which  citation  is  issued,  for  four  suc- 
cessive weeks  previous  to  the  first  day  of  the  term  of  the  court  to  which 
citation  is  returnable,  when  the  heirs  are  nonresidents  of  this  State, 
when  their  names  or  residences  are  unknown  or  when  the}'  are  transient 
persons. 

R.  S.  Art.  1892  (1840). 


No.  278. 

OFFICER'S  RETURN. 

Came  to  hand  on  the  ....  day  of ,  A.  D.  19.  .,  at  .  . .  .  o'clock 

.  .  m.,  and  executed  on  the  ....  day  of ,  A.  D.  19.  .,  by  posting 

true  copies  of  the  within  citation  at  three  of  the  most  public  places  in 

the  county  of ,  to  wit,  the  courthouse  door  of  said  county  and  at 

and ,  no  two  of  which  places  are  in  the  same  city  or 

town,  and  also  by  delivering  a  true  copy  of  this  citation  to  the  within 

named and ,    respectively,    at ,    in 

County,  Texas,  on  the  ...  day  of ,  A.  D.  19. .     The  dis- 
tance actually  traveled  in  the  execution  of  such  process  is  ....  miles. 


Sheriff  of County,  Texas. 

R.  S.  Art.   1892    (1839). 

Citation  shall  be  served  by  delivering  to  each  of  the  heirs  of  the  tes- 
tator in  person  a  true  copy  thereof  at  least  ten  days,  exclusive  of  the 
day  of  service,  before  the  first  day  of  the  term  of  the  court  to  whicb 
such  citation  is  returnable. 


208  TEXAS  CIVIL  FORM  BOOK. 

No.  279. 

ORDER  PROBATING  WILL  AND  GRANTING  LETTERS  TESTAMENTARY. 

Estate  of ,  Deceased.    In  County  Court  of County, 

Texas,  . . . . Term,  A.  D.  19.  . 

On  this  the  ....  day  of ,  A.  D.  19 . . ,  came  on  to  be  heard  the 

application  of for  the  probate  o.f  the  last  will  and  testa- 
ment of ,  deceased,  now  produced  in  court,  and  the  evi- 
dence, a  statement  of  which  is  filed  in  this  case,  being  heard  and  fully 
considered  by  the  court;  and  it  appearing  to  the  court,  that  citation 
thereof  has  been  duly  made  as  required  by  law,  to  which  no  objection 

has  been  made,  and  that  said is  named  and  appointed  in 

said  will  executor  thereof  and  that  he  is  not  disqualified  therefor: 

It  is  therefore  ordered,  adjudged  and  decreed  by  the  court,  that  the 

said  last  will  and  testament  of  the  said .,  deceased,  is 

hereby  admitted  to  probate  and  record,  and  the  testimony  shall  be  re- 
corded in  the  minutes  of  this  court.  It  is  further  ordered  by  the  court 

that  letters  testamentary  thereof  be  granted  to  the  said 

he  having  first  taken  the  required  oath  and  given  bond  in  the  sum  of 

dollars  (or  without  bond,  as  the  case  may  be).  And  it  further 

appearing  to  the  court  that , and , 

are  citizens  of County,  Texas,  and  disinterested  persons  in  said 

estate,  it  is  therefore  ordered  that  they,  or  any  two  of  them,  be  and  are 
hereby  appointed  to  appraise  the  estate,  both  real  and  personal,  of 
,  deceased. 

R.  S.  Arts.  1907-1963  (1854-1901). 

When  letters  testamentary  shall  be  granted,  the  county  judge  shall, 
by  an  order  entered  on  the  minutes  of  the  court,  appoint  three  or  more 
disinterested  persons,  citizens  of  the  county,  any  two  of  whom  may  act, 
to  appraise  said  estate.  The  executor  with  the  assistance  of  any  two  of 
said  appraisers  shall  make  and  return  to  the  court  a  full  inventory  and 
appraisement  of  said  estate. 

R.  S.  Art.  1965   (1912). 


No.  280. 

ORDER  ESTABLISHING  A  WILL  PRODUCED  IN  COURT. 

Estate  of ,   Deceased.     In   County   Court  of 

County,  Texas,   Term,  A.  D.  19.  . 

On  this  the day  of ,  A.  D.  19. .,  came  on  to  be  heard  the 

application  of for  the  probate  of  a  certain  instrument  in 

writing  now  produced  in  court,  purporting  and  alleged  to  be  the  last 


TEXAS  CIVIL  FORM  BOOK.  209 

will  of ,  deceased,  and  the  evidence,  a  statement  of  which 

is  filed  in  this  case,  being  heard  and  fully  considered  by  the  court,  it  is 
ordered,  adjudged  and  decreed  by  the  court  that  said  instrument  in  writ- 
ing is  hereby  admitted  to  probate  and  record  as  the  last  will  of  said 

,  deceased,  and  the  testimony  shall  be  recorded  in  the 

minutes  of  this  court. 
R.  S.  Art.  1907    (1854). 


No.  281. 

ORDER  ESTABLISHING  A  WILL  NOT  PRODUCED  IN  COURT. 

Estate  of ,  Deceased.      In  County  Court  of 

County,  Texas, Term,  A.  D.  19 .. 

On  this  the  ....  day  of ,  A.  D.  19 . . ,  came  on  to  be  heard  the 

application  of for  the  probate  of  a  certain  instrument  in 

writing,  alleged  to  be  the  last  will  of ,  deceased,  and  which 

cannot  be  produced  in  court  by  reason  of  its  loss,  and  the  evidence,  a 
statement  of  which  is  filed  in  this  case,  being  heard  and  fully  considered 

by  the  court,  and  it  appearing  therefrom  that ,  deceased, 

was,  on  the  ....  day  of ,  A.  D.  19. ., years  of  age  and  of 

sound  mind,  and  that  on  the  day  aforesaid,  by  a  certain  paper  in  writing 
purporting  to  be  his  last  will,  signed  by  him  in  the  presence  of 

.  and ,  then  over  fourteen  years  of  age,  who 

signed  said  writing  as  subscribing  witnesses  at  his  request  and  in  his 
presence,  did  devise  and  bequeath  his  real  and  personal  estate  as  follows : 
(here  set  out  the  contents  of  the  will  as  proven).  And  it  further  ap- 
pearing to  the  court  that  said died  in  the  county  of 

on  the  ....  day  of ,  A.  D.  19. .,  and  afterward  said  will  was,  on 

the  .  . .  .day  of ,  A.  D.   19.  .,  destroyed  by  fire  without  having 

been  revoked  by  said  testator. 

It  is  therefore  ordered,  adjudged  and  decreed  that  said  instrument  in 
writing,  the  contents  of  which  are  stated  in  this  order,  be  admitted  to 

probate  and  record  as  the  last  will  of  said ,  deceased,  and 

the  testimony  shall  be  recorded  in  the  minutes  of  this  court. 

R.  S.  Art.  1907  (1854). 

Form  Book— 14. 


210  TEXAS  CIVIL  FORM  BOOK. 

No.  282. 
ORDER  ESTABLISHING  A  NUNCUPATIVE  WILL. 

Estate  of  ,  Deceased.      In  County  Court  of   

County,  Texas,    Term,  A.  D.   19 .. 

On  this  the  ....  day  of ,  A.  D.  19.  .,  came  on  to  be  heard  the 

application  of for  the  probate  of  the  nuncupative  will  of 

,  deceased,  and  the  evidence,  a  statement  of  which  is  filed 

in  the  case,  being  heard  and  fully  considered  by  the  court,  and  it  ap- 
pearing therefrom  that  said was,  on  the  ....  day  of , 

A.  D.  19 .  . , years  of  age  and  of  sound  mind,  and  on  the  day  and 

year  aforesaid,  in  his  last  sickness,  at  his  habitation,  did  make  his  last 
will  in  the  manner  and  form  of  a  nuncupative  will,  bequeathing  his  per- 
sonal estate  as  follows:  (here  give  the  testamentary'  words). 

And  it  further  appearing  to  the  court  that  said ,  after 

making  said  will,  and  without  revoking  the  same,  died  at ,  on 

the  ....  day  of ,  A.  D.  19.  .  : 

It  is  therefore  ordered,  adjudged  and  decreed  that  the  said  bequest  of 

the  personal  estate  of  the  said ,  deceased,  as  above  stated, 

be  admitted  to  probate  and  established  as  the  nuncupative  will  of  the 

said ,  deceased,  and  that  the  testimony  be  recorded  in  the 

minutes  of  this  court. 
R.  S.  Art.  1907   (1854). 

A  certified  copy  of  such  record  of  testimony'  may  be  read  in  evidence 
on  tlie  trial  of  the  same  matter  in  any  other  court  when  taken  there  by 
appeal  or  otherwise. 
R.  S.  Art.  1908  (1855). 

A  will  which  has  been  probated  according  to  the  laws  of  the  United 
States  territories,  or  of  .any  country  out  of  the  limits  of  the  United 
States,  may  be  probated  in  this  State  by  filing  a  copy  of  such  will  and 
the  probate  thereof  attested  by  the  clerk  of  the  court  in  which  such  will 
was  admitted  to  probate,  and  the  seal  of  the  court  annexed,  if  there  be 
a  seal,  together  with  a  certificate  from  the  judge  or  presiding  magistrate 
of  such  court,  that  the  said  attestation  is  in  due  form ;  provided  the 
validity  of  such  will  may  be  contested  in  the  same  manner  as  the  orig- 
inal will  might  have  been. 
R.  S.  Art.  1909  (1856). 


No.  283. 
BOND  OF  EXECUTOR. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  we, ,  as  principal, 

and   ,  as  sureties,  are  held  and  firmly 


TEXAS  CIVIL  FORM  BOOK.  211 

bound  unto  the  county  judge  of  the  county  of ,  and  his  succes- 
sors in  office,  in  the  sum  of dollars ;  conditioned  that  the  above 

bound ,  who  has  been  appointed  executor  of  the  last  will 

and  testament  of ,  deceased,  shall  well  and  truly  perform 

all  the  duties  required  of  him  under  said  appointment. 


R.  S.   1943    (1890). 
Approved  this  ....  day  of ,  A.  D.  19.  . 

County  Judge County,  Texas. 


No.  284. 
OATH  OF  EXECUTOR. 

I  do  solemnly  swear,  that  the  writing,  which  has  been  offered  for 

probate  is  the  last  will  of ,  so  far  as  I  know  or  believe,  and 

that  I  will  well  and  truly  perform  all  the  duties  of  executor  of  said  will 
of  the  estate  of deceased. 


Sworn  to  and  subscribed  before  me,  this  ....  day  of ,  A.  D.  19 

(Seal.) 
R.  S.  Art.  1938  (1885). 


No.  285. 
INVENTORY  AND  APPRAISEMENT. 

No Estate  of  ,  Deceased.     In  County  Court  of 

County,  Texas. 

Inventory  and  appraisement  of  the  estate  of ,  deceased, 

produced  before  the  undersigned  appraisers,  on  the  ....  day  of , 

A.  D.   19..,  by... ,  executor  of  said  will  of  the  estate  of 

,  deceased. 

SEPARATE  PROPERTY  OF  SAID  ,  DECEASED. 

100  acres  of  land  situated  in County,  Texas,  part  of 

league,  valued  at   _.$ 

25  head  of  horses  valued  at  $50.00  each '$1,250.00. 


212  TEXAS  CIVIL  FORM  BOOK. 

COMMUNITY  PROPERTY. 

'50  head  of  cattle  valued  at  $ each $ 

200  acres  of  land  situated  in County,  Texas,  part  of 

....  league $ • 

We,  the  undersigned  appraisers,  solemnly  swear  that  the  foregoing  is 

a  full  and  fair  appraisement  of  the  estate  of ,  deceased, 

produced  before  us  by ,  executor. 


Appraisers. 

Sworn  to  and  subscribed  before  me,  this.  . .  .day  of ,  A.  D.  19.  . 

(Seal.)  

R.  S.  Arts.  1965-1966  (1912-1913). 

LIST  OF  CLAIMS. 
COMMUNITY  PROPERTY. 

Xote  of  . ,  dated  ....  day  of ,  A.  D.  19. ., 

and  due ,  with  interest  at  8  per  cent  per  annum 

from  date    $ 

SEPARATE  PROPERTY. 

Note  of ,  dated  ....  day  of ,  A.  D.  19.  ., 

and  due ,  with  interest  at  10  per  cent  per  annum 

from  date    $ 

I, ,  do  solemnly  swear  that  the  foregoing  inventory  and 

list  is  a  full  and  complete  inventory  and  list  of  the  property  and  claims 
of ,  deceased,  that  have  come  to  my  knowledge.  f 


Sworn  to  and  subscribed  before  me,  this ....  day  of ,  A.  D.  19 . . 

(Seal.)  

R.  S.  Art.  1967   (1914). 

Inventory,   appraisement  and  list  should  be  returned    to   the   court 
within  sixty  days  from  the  date  of  granting  such  letters. 
R.  S.  Art.  1969   (1916). 


TEXAS  CIVIL  FORM  BOOK.  213 

No.  286. 

FORM  OF  ORDER  APPROVING  INVENTORY,  APPRAISEMENT  AND  LIST 

OF  CLAIMS. 

Estate  of ,  Deceased.      In  County  Court  of 

County,  Texas, Term,  A.  D.  19. . 

This  the  ....  day  of ,  A.  D.  19. .,  came  on  to  be  considered 

the  report  of  the  inventory,  appraisement  and  list  of  claims  of  the  estate 

of ,  deceased,  made  by ,   and 

,  who  have  heretofore  been  appointed  by  the  court  to  ap- 
praise said  estate,  and  the  court  having  examined  the  same,  it  is  ordered 
by  the  court  that  said  report  be  and  it  is  hereby  in  all  respects  approved, 
and  ordered  entered  of  record. 


County  Judge  of County,  Texas. 

R.  S.  Art.  1971   (1918). 

Upon  the  return  of  the  inventory,  appraisement  and  list  of  claims,  it 
shall  be  the  duty  of  the  judge,  either  in  term  time  or  in  vacation,  to 
examine  the  same,  and  to  either  approve  or  disapprove  the  same. 

R.  S.  Art.  1970  (1917). 

Should  the  inventory,  etc.,  be  approved  or  disapproved,  an  order  to 
that  effect  shall  be  entered  upon  the  minutes  of  the  court  and  if  ap- 
proved, also  recorded,  but  if  disapproved  "the  court  shall  order  the  ex- 
ecutor to  return  another  inventory,  appraisement  and  list,  or  either  of 
them,  within  a  time  which  shall  be  specified  in  said  order,  not  exceed- 
ing ten  days  from  the  date  of  such  order;  and  the  judge  may  also,  if 
he  deems  it  necessary,  appoint  new  appraisers. 

R.  S.  Arts.  1971-1972  (1918-1919). 


No.  287. 

LETTERS  TESTAMENTARY. 

The  State  of  Texas,  County  of In  County  Court  of 

County,  Texas, Term,  A.  D.  19 .. 

I, ,  clerk  of  the  County  Court County,  Texas, 

do  hereby  certify  that  on  the  ....  day  of ,  A.  D.  19 . ., 

was  duly  granted  by  said  court  letters  testamentary  of  the  estate  of 

,  deceased,  and  that  he  qualified  as  such on  the 

....  day  of ,  A.  D.  19. .,  as  the  law  requires. 

Witness  my  hand  and  seal  of  office  at ,  this  ....  day  of  . . . ., 

A.  D.  19.. 


Clerk  County  Court County,  Texas. 

By ,  Deputy. 

R.  S.  Art.   1959   (1906). 


214  TEXAS  CIVIL  FORM  BOOK. 

No.  288. 
DEED  BY  EXECUTOR  UNDER  A  WILL. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  whereas  the  last  will  of 
,  deceased,  late  of County,  Texas,  was  duly  ad- 
mitted to  probate  at  the term,  A.  D.  19. .,  of  the  County  Court 

of County,  Texas,  and was  at  said  term  confirmed 

and  appointed  executor  of  said  will;  and  whereas  the  said  .  ., , 

by  his  said  will,  did  authorize  and  empower  his  said  executor  to  make 
sale  of  and  convey  all  of  his  real  and  personal  estate  either  at  public 
or  private  sale,  as  to  him  should  seem  best,  and  to  make  good  and  suf- 
ficient deeds  of  bargain  and  sale  thereof  to  the  purchaser,  which  direc- 
tions in  said  will  are  in  full  force  and  effect:  Now  therefore  I, 
,  executor  as  aforesaid,  by  virtue  of  the  power  and  author- 
ity aforesaid,  and  in  consideration  of  the  sum  of  ....  dollars  to  me  in 

hand  paid  by ,  the  receipt  of  which  is  hereby  acknowledged 

and  confessed,  have  granted,  bargained,  sold  and  conveyed,  and  by  these 

presents  do  grant,  bargain,  sell  and  convey,  to  the  said ,  a 

certain  tract  of  land  the  property  of  the  said ,  deceased, 

situated  in County,  Texas, (here  describe  the  land), 

together  with  all' and  singular  the  rights,  members,  hereditaments  and 
appurtenances  to  the  same  belonging  or  in  anywise  incident  or  apper- 
taining; to  have  and  to  hold,  all  and  singular,  the  premises  above  men- 
tioned unto  the  said  ,  his  heirs  and  assigns,  forever. 

Witness  my  hand  this  ....   day  of ,  A.  D.  19.  . 


Signed  and  delivered  in  the  presence  of 


Witnesses. 

FOEM   OF  ACKNOWLEDGMENT. 

The  State  of  Texas,  County  of 

Before  me,  ,  a  notary  public  in  and  for  the  County  of 

,  State  of  Texas,  on  this  day  personally  appeared , 

known  to  me  (or  proved  to  me  on  the  oath  of )  to  be  the 

person  whose  name  is  subscribed  to  the  foregoing  instrument,  and  ac- 
knowledged to  me  that  he  executed  the  same,  as  executor  of  the  estate 

of , ,  deceased,  for  the  purposes  and  consideration  therein 

expressed  and  in  the  capacity  therein  set  forth. 

Given  under  my  hand  and  seal  of  office  this    ....    day  of   

A.  D.  19 .. 

(Seal.)  

R.  S.  Art.  2007   (1954). 


TEXAS  CIVIL  FORM  BOOK.  215 

ESTKAYS. 

R.  S.  Arts.  4954-4977   (4570-4590). 

No.  289. 

NOTICE  BY  TAKER-UP. 

Taken  up  this  . . .  day  of  .......  A.  D.  19. .,  by  the  undersigned,  on 

his  plantation  (or  on  his  lands  adjoining  the  same)  near ,  in 

the  county  of ,  State  of  Texas,  one (here  describe  the 

animal),  branded on ;  age,  ....  years ;  color, 

(give  flesh  marks  of  every  kind)  ;  height,  about hands  high. 

If  same  is  not  claimed  by  owner  within  twenty  days,  I  will  estray  said 

as  required  by  law. 

,  Taker  up. 

R.  S.  Art.  4954  (4570). 

Said  notice  shall  be  posted  up  at  three  public  places  in  the  county  in 
which  such  citizen  resides,  one  of  which  notices  shall  be  at  the  court- 
house door  for  at  least  twenty  days,  and  a  copy  of  said  notice  shall  also 
be  delivered  to  the  clerk  of  the  county  court,  which  shall  be  securely 
posted  up  in  his  office. 


No.  290. 

PRECEPT  TO  SUMMON  APPRAISERS. 

The  State  of  Texas.     To  the  Sheriff  or  any  Constable  of 

County  —  Greeting : 

You  are  hereby  commanded,  that  you  summon  two  good  and  lawful 
•disinterested  men  of  your  county  to  be  and  appear  before  me  at  my 

office  in  the  city  of (or  at  the  residence  of )  in 

eaid  county,  on  the  ....  day  of ,  A.  D.  19 .  .,  then  and  there,  after 

being  duly  qualified,  to  appraise  a (here  describe  the  animal), 

which  has  lately  been  estrayed,  before  me  by  the  said 

Herein  fail  not,  but  have  you  then  and  there  this  writ,  with  your 
action  thereon  as  the  law  directs. 

Witness  my  hand,  officially,  this  the  ....  day  of ,  A.  D.  19.  . 


Justice  of  the  Peace  of County,  Texas. 

R.  S.  Art.  4955   (4571). 

The  justice  of  the  peace  before  whom  said  animal  is  estrayed  shall 
•cause  said  witnesses  to  come  before  him,  by  summons  or  otherwise. 


216  TEXAS  CIVIL  FORM  BOOK. 

No.  291. 
OATH  BY  TAKER-TIP  OF  ESTRAY. 

* 

The  State  of  Texas,  County  of 

Personally  appeared  before  me,  the  undersigned  authority,  this  day, 

,  who,  after  being  sworn,  states  that  he  has  taken  up,  on 

his  plantation   (or  on  his  lands  adjoining  the  same),  near , 

in  said  county,  on  the  ....  day  of ,  A.  D.  19.  .,  one , 

branded on ,  about  ....  hands  high,   in  color,  and 

about  ....  years  of  age ;  and  that  the  marks  and  brands  on  said  animal 
have  not  been  altered  or  disfigured  since  the  same  was  taken  up,  and 
that  notice  has  been  given  as  the  law  requires,  and  that  no  owner  has 
appeared  and  claimed  the  same. 


Sworn  to  and  subscribed  before  me,  this.  . .  .day  of ,  A.  D.  19. . 

Justice  of  the  Peace County. 

R.  S.  Art.  4955  (4571). 


No.  292. 

OATH  OF  APPRAISERS. 

The  State  of  Texas,  County  of 

Before    the    undersigned    authority    this  day    personally    appeared 

and ,  two  disinterested  householders  of  said 

county,  and  who  are  in  no  way  related  to ,  who,  after  being 

sworn,  state  that  they  have  examined  the  animal  posted  by 

and  find  it  of  the  following  description :     One bay  horse  about 

....  hands  high, in  color,  branded on ,  and  about 

....  years  of  age  (a  particular  description  of  the  animal  including 
stature,  mark,  brand,  color  and  age  should  be  given),  and  appraise  the 
same  at  ...  .  dollars. 


Sworn  to  and  subscribed  before  me,  this.  .  .  .day  of ,  A.  I):  19.  . 

Justice  of  the  Peace County. 

R.  S.  Art.  4955  (4571). 


TEXAS  CIVIL  FORM  BOOK.  217 

No.  293. 

BOND  OF  TAKER-UP. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  we ,  as  principal, 

and and  ,  as  sureties,  are  held  and  firmly 

bound  unto ,  County  Judge  of County,  and  his 

successors  in  office,  in  the  penal  sum  of dollars,  conditioned  that 

the  above  bound  shall  well  and  truly  comply  with  the 

estray  law  now  in  force,  in  the  matter  of  the  estray  of  the  animal  above 
described,  then  this  obligation  to  be  null  and  void;  otherwise  to  remain 
in  full  force  and  effect. 

Witness  our  hands  this  ....  dav  of ,  A.  D.  19.  . 


Approved  this  ....  day  of ,  A.  D.  19.  . 


Justice  of  the  Peace,  Precinct  No .  . .  . , County,  Texas. 

R.  S.  Art.  4955   (4571). 

Recorded  the  ....  day  of ,  A.  D.  19. .,  in  book  . . . .,  page  .... 


Clerk  County  Court County. 

By ,  Deputy. 

The  bond  must  be  signed  by  two  or  more  good  and  sufficient  sureties 
payable  to  the  county  judge  of  said  county  and  his  successors  in  office, 
in  double  the  value  of  such  animal  or  animals.  The  oath  must  be 
signed  by  two  disinterested  householders  of  said  county.  Said  bond, 
affidavit  and  appraisement  shall  be  transmitted  by  such  justice  to  the 
clerk  of  the  county  court. 


No.  294. 
CLERK'S  NOTICE  OF  ESTRAY  TO  NEWSPAPER. 

The  State  of  Texas,  County  of 

Taken  up  by and  estrayed  before ,  Justice 

of  the  Peace,  precinct  No.   .  . ,  County,  on  the   ....   day  of 

. . . .,  A.  D.  19. .,  a  certain (here  describe  the  animal),  about 

....  hands  high,  branded on , in  color,  and  about 

....  years  of  age,  and  appraised  at ....  dollars. 


218  TEXAS  CIVIL  FORM  BOOK. 

The  owner  of  said  stock  is  requested  to  come  forward,  prove  property, 
pay  charges,  and  take  the  same  away,  or  it  will  be  dealt  with  as  the 
law  directs. 

Given  under  my  hand  and  official   seal  this  ....  day  of , 

A.  D.  19.. 

(Seal.)  

County  Clerk County,  Texas. 

By ,  Deputy. 

R.  S.  Art.  4963   (4579). 

Above  notice  shall  be  published  in  some  newspaper  in  the  county 
where  such  animal  was  estrayed,  at  least  three  times.  If  no  newspaper 
is  published  in  said  county,  then  same  shall  be  published  in  some  news- 
paper nearest  said  county  and  also  by  posting  up  notices  in  three  public 
places  in  said  county  where  said  animal  is  estrayed. 


No.  295. 
NOTICE  OF  ESTRAY  SALE. 

Notice  is  hereby  given  that  on  the  ....  day  of ,  19.  .,  I  will 

sell  at  public  auction,  to  the  highest  bidder  for  cash,  at  the  courthouse 

door  in  the  town  of ,  in  said  county  of ,  State  of  Texas, 

within  the  hours  prescribed  by  law,  the  following  estray  animals,  viz:  a 

certain (here  describe  the  animal),  about hands  high, 

branded on , in  color,  and  about  ....  years 

of  age. 

The  same  was  estrayed  by  me  before ,  a  Justice  of  the 

Peace  in  and  for  precinct  No ,  County,  State  of  Texas, 

on  the  ....  day  of ,  A.  D.  19 .  . 

,  Taker  up. 

R.  S.  Art.  4964  (4580). 

Above  notice  must  be  given  as  is  required  in  the  case  of  sheriff's  sales. 


No.  296. 

REPORT   OF  ESTRAY   BY   COUNTY   COMMISSIONER. 

To ,   County   Clerk County,    Texas : 

In  compliance  with  the  estray  law  now  in  force,  I  herewith  return 
the  following  estray  which  has  been  found  running  at  large,  and  not 
estrayed,  and  state  that  the  owner  of  the  same  is  unknown. 


TEXAS  CIVIL  FORM  BOOK.  219 

(here  describe  said  animal)  marked and  branded 

on ,  in  color, hands  high  and  about 

years  of  age. 


County  Commissioner,  Precinct  Ko , County,  Texas. 

R.  S.  Art.  4960  (4576). 

It  shall  be  the  duty  of  the  county  commissioners,  or  any  of  them,  to 
report  to  the  county  clerk  any  estray  of  any  kind  running  at  large  and 
not  estrayed,  and  the  owner  of  the  same  being  unknown. 


No.  297. 
ESTRAY  NOTICE. 

In  compliance   with  law   and  upon  the  return   of , 

County  Commissioner  for  precinct  No , County,  Texas,  J 

hereby  give  notice  that  there  has  been  found  running  at  large  and  not 

estrayed,  the  owner  of  which  is  unknown,  one (here  describe 

said  animal),  marked ,  and  branded on , 

in  color, hands  high,  and  about  ....  years  of  age,  said 

animal  now  ranging  in  the  neighborhood  of ,  and  if  not  legally 

proven  away  by  the  owner  thereof,  within  twenty  days  from  date  hereof, 
the  same  will  be  advertised,  and  said  commissioner  will  proceed  to  sell 
the  same  according  to  law. 


County  Clerk County,  Texas. 

By ,  Deputy. 

Dated ,  Texas,  this day  of ,  A.  D.  19 . . 

R.  S.  Art.  4960  (4576). 


No.  298. 
PROOF  OF  AN  ESTRAY. 

Tlu-  State  of  Texas,  County  of 

Before  me, . ,  a in  and  for  said  county,  on  this 

day  personally  appeared ,  to  me  well  known  as  a  respectable 

person,  who,  being  by  me  duly  sworn,  stated  that  one  certain 

(here  describe  the  animal )  marked ,  branded   about 

years  old,  of  a color,  estrayed  by before 


220  TEXAS  CIVIL  FORM  BOOK. 

,  a  justice  of  the  peace  in  and  for  the  county  aforesaid, 

on  the  ....  day  of ,  A.  D.  19 .  . ,  is  the  property  of 


Subscribed  and  sworn  to  this  ....  day  of ,  A.  D.  19.  . 

By ,  Deputy. 

R.  S.  Art.  4956  (4572). 

Proof  of  said  estray  may  be  made  at  any  time  within  twelve  months 
and  before  the  sale  of  same,  by  the  affidavit  of  any  respectable  witness. 
This  certificate  shall  be  delivered  to  the  taker-up  and  by  him  filed  in  the 
county  clerk's  office. 


No.  299. 
CERTIFICATE  OF  RESPECTABILITY. 

The  State  of  Texas,  County  of 

I, ,  a  notary  public  in  and  for County,  Texas, 

do  hereby  certify  that ,  a  resident  of County, 

who  is  to  me  well  known,  is  a  man  of  respectability  and  good  standing. 

Given  under  my  hand  and  seal  of  office  this  the  ....  day  of , 

A.  D.  19.. 


R.  S.  Art.  4957    (4573). 


No.  300. 

REPORT  OF  SALE  OF  A  HOG,  SHEEP,  GOAT,  OR  CATTLE  OTHER  THAU 
WORK  OXEN  — AT  RESIDENCE  OF  TAKER-UP. 

The  State  of  Texas,  County  of To  the  Clerk  of  the  County 

Court  of County : 

I,   ,  hereby  certify  that  on  the  first  Monday  of , 

A.  D.  19.  .,  between  the  hours  of  1  and  3  o'clock  p.  m.  of  said  day,  I 
sold  for  cash,  to  the  highest  bidder,  at  my  residence  in  said  county,  one 

(here  describe  said  animal),  marked ,  and  branded 

on  the , in  color,  and  about years  of  age, 

estrayed  by  me  on  the  ....  day  of ,  A.  D.  19. .,  before , 

a  justice  of  the  peace  in  and  for  said  county,  having  first  advertised  the 
time  and  place  of  said  sale  by  a  written  advertisement,  posted  up  at 
three  public  places  in  said  county,  one  of  which  was  at  the  courthouse 
door  of  said  county,  for  ten  days  previous  to  said  sale ;  that  at  said  sale 


TEXAS  CIVIL  FORM  BOOK.  221 

several  bidders  were  present,  and  among  others, , 

and ,  adult  bidders,  who  were  not  members  of  my  family, 

and  said was  struck  off  to for  the  sum  of 

dollars,  that  being  the  highest  and  best  bid  for  the  same. 


Sworn  to   and  subscribed  before  me,   this  the  ....  day   of 
A.  D.  19.. 
(Seal.)  

R.  S.  Art.  4969   (4585). 


No.  301. 
REPORT  OF  LOSS  OF  AN  ESTRAY. 

The  State  of  Texas,  County  of To  the  Clerk  of  the  County 

Court  of County : 

I,  ,  hereby  certify  that  one (here  describe  said 

animal),  marked ,  and  branded on  the , 

in  color  and  about years  of  age,  estrayed  by  me  on  the  ....  day  of 

,  A.  D.  19. .,  before ,  a  justice  of  the  peace  in  and. 

for  said  county,  was  found  dead  (or  escaped  from  me,  as  the  case  may 
be)  on  the  ....  day  of ,  A.  D.  19.  . 


Sworn  to  and  subscribed  before  me,  this,  the  ....  day  of   , 

A.  D.  19.. 

(Seal.)  

R.  S.  Art.  4972  (4588). 

The  above  report  shall  be  recorded  by  said  county  clerk  in  a  book  to 
be  kept  by  him  for  that  purpose. 


No.  302. 

REPORT  OF  ESTRAY  SALE  — BY  TAKER-UP. 

The  State  of  Texas,  County  of To  the  Clerk  of  the  County 

Court  of County,  Texas : 

I,  ,  hereby  certify  that  on  the  first  Monday  of , 

A.  D.  19. .,  between  the  hours  of  1  and  3  o'clock  p.  m.  of  said  day,  I 
sold  for  cash,  to  the  highest  bidder,  at  the  courthouse  door  of  said 
county,  after  having  given  notice  of  the  time  and  place  of  said  sale,  by 


222  TEXAS  CIVIL  FORM  BOOK. 

causing  an  advertisement  thereof  to  be  posted  up  at  three  public  places 
in  said  county,  one  of  which  was  at  the  courthouse  door  of  said  county, 

for  ten  days  previous  to  said  sale (here  describe  said  animal), 

branded on  the , hands  high, in  color, 

and  .about years  of  age,  estrayed  by  me  on  the  ....  day  of ,. 

A.  D.  19.  .,  before ,  a  justice  of  the  peace  in  and  for  said 

county,  and  that  said was  struck  off  to for  the  sum 

of dollars,  that  being  the  highest  and  best  bid  for  the  same. 


Sworn   to   and  subscribed  before   me,   this   the  ....  day  of , 

A.  D.  19 .. 

(Seal.)  

R.  S.  Art.  4965   (4581). 

Within  ten  days  after  such  sale  the  taker-up  of  said  estray  shall,  after 
deducting  the  expenses  incurred  in  estraying  said  animal,  pay  into  the 
county  treasury'  seventy-five  per  cent  of  the  proceeds  of  the  same,  and 
retain  the  other  twenty-five  for  his  own  use  and  benefit. 

R.  S.  Art.  4964   (4580), 

All  of  the  above  forms  relate  to  the  estrays  of  horses,  mares,  fillies, 
geldings,  colts,  mules,  jacks,  jennets. or  work  oxen. 
R.  S.  Art.  4954  (4570). 

Hogs,  sheep,  goats  or  cattle,  other  than  work  oxen,  are  estrayed  in 
the  same  manner  as  is  required  in  the  case  of  horses,  etc.,  except  adver- 
tising in  a  newspaper ;  and  any  person  estraying  the  same,  at  the  expira- 
tion of  six  months  from  the  day  of  appraisement,  shall  proceed  to  give 
notice  as  in  the  case  of  sheriffs'  or  constables'  sales  and  shall  sell  such 
estrays  where  they  were  taken  up. 

R.  S.  Art.  4967   (4583). 

Hogs,  sheep,  goats  or  cattle,  except  work  oxen,  shall  not  be  subject  to 
be  estrayed  unless  the  same  shall  have  been  known  to  the  taker-up  as 
being  an  estray  for  at  least  four  months  previous  to  the  time  of  estraying 
the  same. 

R.  S.  Art.  4968   (4584),  amended  Acts  1899,  p.  234. 

In  making  returns  of  sales  under  this  title,  when  the  sale  has  been 
made  at  the  residence  of  the  taker-up  or  other  place  than  at  the  court- 
house door  of  the  county,  the  taker-up  shall,  in  all  cases,  give  the  names 
of  at  least  three  of  the  bidders  who  were  present  at  said  sale,  who  were 
not  members  of  his  family. 

R.  S.  Art.  4969   (4585). 


TEXAS  CIVIL  FORM  BOOK.  223 

FENCES  AND  TRESPASS  BY  STOCK. 
R.  8.  Art.  2496-2503   (2431-2435). 

In  a  county  where  stock  of  all  kinds  are  permitted  to  run  at  large,  a 
fence,  which  is  five  feet  high  and  sufficiently  close  to  prevent  hogs  from 
passing  through,  is  a  sufficient  fence. 


No.  303. 

COMPLAINT  OF  TRESPASS  BY  STOCK  BEFORE  JUSTICE  OF  THE  PEACE. 
R.  S.  Art.  2496   (2431). 

The  State  of  Texas,  Cbunty  of   ........     To   ,  Justice  of 

the  Peace  for  Precinct  Xo County,  Texas. 

,  who  resides  in County,  Texas,  complaining 

against ,  who  also  resides  in  said  county,  represents  that 

complainant  does  now,  and  did,  on  the  ....  day  of ,  A.  D.  19.  ., 

have  and  own acres  of  cleared  and  cultivated  ground,  situated  in 

said  justice  precinct  No.  .  .  .,  in County,  Texas,  whereon  com- 
plainant now  resides;  and  that  at  the  time  aforesaid,  the  said  ground 
was  protected  by  a  lawful  and  sufficient  fence,  and  on  the  day  and  year 

aforesaid,  a  large  number  of  cattle,  belonging  to  the  said , 

broke  through  said  fence  and  entered  upon  said  cultivated  ground,  and 
then  and  there  did  great  damage  to  your  petitioner,  by  destroying  a 
portion  of  the  growing  crop  thereon. 

Wherefore  your  petitioner  prays  the  court,  that  two  disinterested  and 
impartial  freeholders  of  the  county  be  summoned,  and  an  examination 
thereinto  be  made  as  the  law  directs,  and  that  such  other  and  further 
orders  and  proceedings  be  had  in  the  premises  as  may  be  just  and  proper. 

Witness  my  hand  this  .  .  .  .  day  of ,  A.  D.  19.  . 


R.  S.  Art.  2497  (2432). 


No.  304. 
SUMMONS  FOR  FREEHOLDERS. 

The  State  of  Texas.    To  the  Sheriff  or  any  Constable  of County, 

Texas  —  Greeting : 

You  are  hereby  commanded  that  you  summon  two  disinterested  and 
impartial  freeholders  of  said  county  to  appear  before  me  at  the  resi- 


224  TEXAS  CIVIL  FORM  BOOK. 

dence  of ,  in  said  county,  on  the  ....  day  of , 

A.  D.  19. .,  at  ....  o'clock  a.  m.,  then  and  there  with  me  to  view  and 
examine  into  the  condition  of  the  fence,  inclosing  certain  cultivated 

ground  belonging  to  the  said . . ,  and  ascertain  the  amount 

of  damages  alleged  to  have  lately  been  committed  on  said  ground  by  the 
stock  of  

Herein  fail  not,  but  have  you  then  and  there  this  writ  with  your 
action  thereon,  as  the  law  directs. 

Witness  my  hand  officially  this  ....  day  of ,  A.  D.  19 .  . 


Justice  of  the  Peace County,  Texas. 


No.  305. 
OATH  OF  SAID  FREEHOLDER. 

You  do  solemnly  swear,  that  you  will  well  and  truly  view  and  examine 

the  piece  of  cultivated  ground,  belonging  to ,  now  before 

you,  and  ascertain  whether  the  fence  inclosing  the  same  be  lawfully 

sufficient,  and  if  sufficient  what  damages  the  said sustained 

by  reason  of  a  trespass,  alleged  to  have  been  recently  committed  on  said 

cultivated  ground  by  the  stock  of ,  and  a  true  report  thereof 

make  as  the  law  directs.  So  help  you  God. 

Art.  2497  (2432). 


No.  306. 

REPORT  OF  JUSTICE  OF  THE  PEACE  AND  FREEHOLDERS. 

The  State  of  Texas,  County  of 

Whereas,  has  complained  to  me,  ,  a 

justice  of  the  peace  in  and  for  said  county,  of  a  trespass  committed  upon 

his  cultivated  ground,  lying  in  said  county,  by  the  stock  of  . , 

whereby  the  said  complainant  alleges  to  have  been  greatly  damaged: 

Therefore  we,  the  undersigned,  disinterested  and  impartial  freehold- 
ers of  said  county,  after  being  duly  sworn  and  qualifying  as  the  law 
directs,  with  said  justice  of  the  peace,  have  this  day  proceeded  to  view 
and  examine  into  the  condition  of  the  fence  inclosing  said  ground,  and 

to  inquire  into  the  damages  sustained  by  the  said ,  by 

reason  of  the  trespass  aforesaid,  and  after  due  examination  and  inquiry 
by  us  made,  we  do  hereby  certify,  that  we  find  the  said  fence  sufficient 

as  required  by  law,  and  further  find  that,  on  the  ....  day  of , 

A.  D.  19.  .,  a  trespass  was  committed  by  the  stock  of  the  said , 


TEXAS  CIVIL  FORM  BOOK.  225 

on  the  cultivated  ground  aforesaid,  of  the  said and  that 

the  said lias  been  damaged  thereby  in  the  sum  of 

dollars. 

Given  under  our  hands  this  ....  day  of ,  A.  D.  19. . 


Justice  of  the  Peace. 


R.  S.  Art.  2497   (2432). 

Said  damages  may  be  recovered  before  any  tribunal  having  cognizance 
thereof.  Upon  a  second  trespass  by  the  same  stock,  the  owner,  lessee  or 
proprietor  of  the  premises,  if  he  deems  it  necessary,  may  cause  said  stock 
to  be  penned  and  turned  over  to  the  sheriff  or  constable. 

Art.  2498   (2433). 

Any  person  who  is  the  owner  or  part  owner  of  any  fences  connected 
with  or  adjoined  to  any  fences  owned  in  part  or  in  whole  by  any  other 
person,  or  the  owner  of  any  fence  wholly  upon  his  own  land  to  which  the 
fence  of  another  is  adjoined  or  connected,  shall  have  the  right  to  with- 
draw or  separate  his  fence  or  part  of  fence  from  the  fence  of  another 
person,  or  require  the  owner  of  any  such  fence  to  disconnect  and  with- 
draw the  same  back  on  his  own  land  by  first  giving  notice  in  writing, 
for  at  least  six  months,  to  such  person,  his  agent,  attorney,  or  lessee. 

R.  S.  Arts.  2502-2503. 

IN  A  COUNTY  WHERE  STOCK  ARE  FORBIDDEN  TO  RUN  AT  LARGE. 

R.  S.  Arts.  4991-5001    (4604-4610). 

Art.  4998    (1895)   amended  by  27th  Leg.,  Reg.  Ses.   (1901),  p.  290. 

If  any  stock  forbidden  to  run  at  large  shall  enter  the  inclosed  lands, 
or  shall,  without  being  herded,  roam  about  the  residence,  lots  or  culti- 
vated land  of  any  person  other  than  the  owner  of  such  stock,  without 
his  consent,  etc.,  the  owner,  lessee  or  person  in  lawful  possession  of  such 
lands  may  impound  said  stock  and  detain  the  same  until  his  fees  and 
.all  damages  occasioned  by  said  stock  are  paid  to  him. 

Art.  4991   (4604). 

Notice  thereof  shall  at  once  be  given  to  the  owner,  if  known,  and  such 
owner  shall  be  entitled  to  their  possession  upon  payment  of  fees  and 
damages. 

Art.  4992   (4605). 

Fees  and  Damages  for  Impounding  Stock. —  Ten  cents  per  day  per 

head  for  hogs,  ten  cents  per  day  per  head  for  goats,  and  five  cents  per 

day  per  head  for  sheep.     The  damages  done  by  such  stock,  if  any,  and 

ihe  fees  due  to  the  taker-up  of  stock,  if  any,  may  be  assessed  by  any 

Form  Book  —  15. 


226  TEXAS  CIVIL  FORM  BOOK. 

three  disinterested  freeholders  of  the  subdivision  in  which  said  stock 
is  taken  up,  etc. 
Art.  4993   (4606). 

A  Lawful  Fence. —  Three  barbed  wire  with  posts  not  more  than  thirty 
feet  apart,  and  one  or  more  stays  between  them,  or  pickets  four  feet 
high  and  not  more  than  six  inches  apart,  shall  constitute  a  lawful  fence. 
If  boards  or  rails  are  used,  then  three  boards  to  be  not  less  than  five 
inches  wide  and  one  inch  thick,  or  four  rails  shall  constitute  a  lawful 
fence;  provided,  that  all  fences  built  under  the  provisions  of  this  act 
shal]  be  four  feet  high. 

Art.  4998,  27th  Leg.  (1901),  p.  290. 

Art.  5001  (1895)  amended  by  27th  Leg.,  Reg.  Ses.  (1901),  p.  7,  so 
as  to  read :  The  counties  of  Eefugio,  Aransas  and  Bee  are  exempted 
from  the  provisions  of  this  chapter. 

Chapter  5,  title  102  of  E.  S.  (1895),  amended  by  26th  Leg..  Reg. 
Ses.,  p.  80,  by  adding  thereto  Arts.  SOOla,  5001b  and  5001c.  providing 
for  elections  in  a  county  or  subdivision  of  a  county  to  determine  whether 
hogs,  sheep  and  goats  shall  be  permitted  to  run  at  large  in  such  county 
or  subdivision. 

Chapter  CXXVIII,  sections  1,  21,  26th  Leg.  Eeg.  Ses.,  p.  220,  pro- 
vides a  mode  by  which  horses,  mules,  jacks,  jennets  and  cattle  may  be 
prevented  from  running  at  large  in  certain  counties  named  therein,  or 
anv  subdivisions  of  said  counties. 


FERRIES. 

No.  307. 

PETITION  FOR  FERRYMAN'S  LICENSE. 

The  State  of  Texas,  County  of Commissioners'  Court  of 

County,  Texas,   Term,  A.  D.  19 .. 

To  the  Honorable  Judge  and  Commissioners  of  said  County: 

Xow  comes ,  who  resides  in County,  Texas,  and 

respectfully  represents  that  he  is  the  lawful  owner  and  in  the  rightful 
possession  of  the  land  embracing  the  banks  on  both  sides  of  the  river 

,  at  crossing  thereon  in  said  county,  and  that  the 

road  crossing  said  stream  at  said  place  is  one  of  great  public  'utility; 
that  owing  to  the  depth  of  said  river  the  establishment  of  a  ferry  at  said 
crossing  would  greatly  promote  public  convenience. 

Wherefore  your  petitioner  prays  the  court  that  he  may  be  lawfully 
authorized  by  said  court,  at  the  present  term  thereof,  to  establish  and 
keep  up  a  ferry  at  said  crossing,  for  the  space  of  one  year  next  ensuing 
after  the  date  of  such  authoritv. 


R.  S.  Art.  4800   (4439). 


TEXAS  CIVIL  FORM  BOOK.  227 

No.  308. 

FERRYMAN'S  BOND. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  whereas, has  this 

day  been  duly  authorized  by  the  commissioners'  court  of  said  county  to 
keep  up  a  ferry,  for  the  space  of  one  year  next  ensuing  after  the  date 

hereof  at crossing  on  the  river ,  in  said  county,  and  to 

charge  the  rates  of  ferriage  established  by  said  court  for  crossing  thereat : 

Now  therefore  we,  the  said ,  as  principal,  and 

and  ,  as  sureties,  acknowledge  ourselves  bound  to  pay  to 

the  county  judge  of  said  county  of ,  the  sum  of dollars 

(not  less  than  one  thousand  dollars)  ;  conditioned  that  the  said 

will  at  all  times  keep  good  and  sufficient  boats  for  the  use  of  such 
ferry,  and  will  also  keep  the  banks  on  each  side  of  the  ferry  in  good 
repair  and  so  graded  and  leveled  that  the  rise  shall  not  exceed  one  foot 
in  every  seven  feet  from  the  water's  edge  to  the  top  of  the  bank,  and  that 
said  ferry  shall  be  well  attended  at  all  times,  and  that  he  will  comply 
with  all  the  requisitions  of  the  law  relating  to  or  governing  ferries. 

Witness  our  hands  this  .      .  dav  of  .  ,  A.  D.  19.  . 


Approved  this  the  ....  day  of ,  A.  D.  19 .. 

County  Judge County. 

R.  S.  Art.  4804  (4443). 


FORCIBLE  ENTRY  AND  DETAINER. 

R.  S.  Arts.  2519-2542   (2440-2463). 

IN    WHAT   CASES   THE  ACTION   WILL   LIE. 

If  any  person  (1)  shall  make  an  entry  into  any  lands,  tenements  or 
other  real  property,  except  in  cases  where  entry  is  given  by  law,  or  (2) 
shall  make  any  such  entry  by  force,  or  (3)  iT  any  person  shall  willfully 
and  without  force  hold  over  any  lands,  tenements  or  other  real  property 
after  the  termination  of  the  time  for  which  such  lands,  tenements  or 
other  real  property  were  let  to  him,  or  to  the  person  under  whom  he 
claims,  after  demand  in  writing  for  the  possession  thereof  by  the  person 
or  persons  entitled  to  such  possession,  such  person  shall  be  adjudged 
guilty  of  forcible  entry  and  detainer,  or  of  forcible  detainer,  as  the  case 
may  be. 

R.  S.  Art.  2519  (2440). 


TEXAS  CIVIL  FORM  BOOK. 

FORCIBLE  ENTRY  DEFINED. 

A  "  forcible  entry "  or  an  entry  where  entry  is  not  given  by  law 
within  the  meaning  of  this  chapter  is  — 

1.  An  entry  without  the  consent  of  the  person  having  the  actual 
possession. 

2.  As  to  a  landlord,  an  entry  upon  the  possession  of  his  tenant  at 
will  or  by  sufferance,  whether  with  or  without  the  tenant's  consent. 

R.  S.  Art.  2520   (2441). 

OTHER  CASES   OF    FORCIBLE   DETAINER. 

A  person  shall  be  adjudged  guilty  of  forcible  detainer  also  in  the 
following  cases: 

1.  Where  a  tenant  at  will  or  by  sufferance  refuses,  after  demand  made 
in  writing  as  aforesaid,  to  give  possession  to  the  landlord  after  the  de- 
termination of  his  will. 

2.  Where  the  tenant  of  a   person  who  has  made  a  forcible   entry 
refuses  to  give  possession,  after  demand  as  aforesaid,  to  the  person  upon 
whose  possession  the  forcible  entry  was  made. 

3.  Where  a  person  who  has  made  a  forcible  entry  upon  the  posses- 
sion of  one  who  acquired  it  by  forcible  entry  refuses  to  give  possession 
on  demand,  as  aforesaid,  to  him  upon  whose  possession  the  first  forcible 
entry  was  made. 

4.  Where  a  person  who  has  made  a  forcible  entry  upon  the  posses- 
sion of  a  tenant  for  a  term  refuses  to  deliver  possession  to  the  landlord, 
upon  demand  as  aforesaid,   after  the   term   expires;  and   if  the  term 
expire  whilst  a  writ  of  forcible  entry  sued  out  by  the  tenant  is  pending, 
the  landlord  may,  at  his  own  costs  and  for  his  own  benefit,  prosecute  it 
in  the  name  of  the  tenant.     It  is  not  material  whether  the  tenant  shall 
have  received  possession  from  his  landlord  or  have  become  his  tenant 
after  obtaining  possession. 

R.  S.  Art.  2521   (2442). 

VENUE. 

Any  justice  of  the  peace  of  the  precinct  where  the  property  is  sit- 
uated shall  have  jurisdiction  to  hear  and  determine  any  case  arising 
under  this  title. 

R.  S.  Art.  2522  (2443). 

•  *  • — 

No.  309. 

COMPLAINT  FOR  FORCIBLE  ENTRY  AND  DETAINER. 

The  State  of  Texas,  County  of In  Justice  Court,  Precinct 

No ,  of County,  Texas. 

To .  .  .,  Justice  of  the  Peace  in  said  Precinct: 

Now  comes and   makes   complaint  against 

for  entry  into  his  lands ;  and  says  that  heretofore,  to  wit,  on  the  .... 
day  of ,  A.  D.  19.  .,  he  was  in  the  actual  possession  of  the  follow- 


TEXAS  CIVIL  FORM  BOOK.  229 

ing  described  premises,  to  wit (here  describe  the  premises), 

situated  in  justice's  precinct  No ,  in County,  Texas, 

together  with  all  of  the  improvements  thereon  situated. 

That  complainant, ,  is  the  owner  of  the  above  described 

land  and  premises  and  is  entitled  to  the  possession  of  the  same;  that  on 

the  ....  day  of ,  A.  D.  19. .,  during  the  casual  absence  of  this 

complainant,  the  defendant, ,  without  the  consent  of  this 

complainant,  entered  upon  said  premises,  and  is  now  in  the  possession 
of  the  same,  and  refuses  to  deliver  same  to  complainant  or  to  permit 
complainant  to  enter  upon  the  same,  but  by  force  and  arms  unlawfully 
holds  possession  of  said  premises. 

Wherefore  complainant  prays  the  court,  that  the  defendant  be  cited 
to  answer  this  complaint,  and  that  he  have  judgment  for  the  restitution 
of  said  land  and  premises  and  for  costs  of  suit. 


Sworn  to  and  subscribed  before  me,  this  the   ....   day  of , 

A.  D.  19.. 

(Seal.)  

R.  S.  Art.  2524  (2445). 

The  complaint  shall  describe  the  lands,  tenements  or  premises,  the 
possession  of  which  is  claimed,  with  certainty  sufficient  to  identify  the 
same;  and  it  shall  also  state  the  facts  which  entitle  the  complainant  to 
the  possession  and  authorize  the  action  under  the  first  three  articles  of 
this  title. 

R.  S.  Art.  2524  (2445). 

The  complaint  should  allege  that  the  premises  or  a  part  thereof  are 
situated  in  the  precinct  in  which  the  suit  is  brought. 

On  the  trial  of  any  case  of  forcible  entry,  or  of  forcible  detainer, 
under  the  provisions  of  this  title,  the  only  issue  shall  be  as  to  the  right 
to  actual  possession,  and  the  merits  of  the  title  shall  not  be  inquired  into. 

R.  S.  Art.  2529   (2450). 


No.  310. 

COMPLAINT  FOR  FORCIBLE  ENTRY. 

The  State  of  Texas,  County  of In  Justice  Court,  Precinct 

No ,  of County,  Texas. 

To ,  Justice  of  the  Peace  in  said  Precinct : 

Now  comes and  makes  complaint  against 

for  forcible  entry  upon  his  land,  and  says  that  heretofore,  to  wit,  on  the 

....  day  of ,  A.  D.  19. .,  he  was  in  the  actual  possession  under 

a  described  land  and  premises,  to  wit (here  describe  the  prem- 
ises), situated  in  justice's  precinct  No.  .  . .  :  in County,  Texas, 

together  with  all  of  the  improvements  thereon  situated. 


2.30  TEXAS  CIVIL  FORM  BOOK. 

That  the  lease  of  said  above  described  land  and  premises  to  this  com- 
plainant is  a  rent  contract,  made  in  writing,  and  entered  into  and 

signed  by  plaintiff  and  defendant  on  the  ....  day  of ,  A.  D.  19. ., 

and  is  now  in  the  possession  of  defendant,  and  he  is  hereby  notified  to 
produce  the  same  on  the  trial  of  this  cause;  that  said  lease  contract  was 
and  is  to  expire  on  the  ....  day  of ,  A.  D.  19 .  . 

That  on  said  date  . .  .  day  of ,  A.  D.  19 .  . ,  the  defendant  unlaw- 
fully and  without  the  consent  of  plaintiff  entered  upon  said  land  and 
premises,  and  is  now  in  the  possession  of  the  same,  and  has  failed  and 
refused,  and  still  now  refuses,  to  surrender  same  to  complainant. 

Wherefore  complainant  prays  that  the  defendant  be  cited  to  answer 
this  complaint,  and  that  he  have  judgment  for  the  restitution,  of  said 
land  and  premises  and  for  costs  of  suit. 


Sworn   to  and   subscribed   before   me,   this  the  ....  day   of 
A.  D.  19.. 
(Seal.)  

R.  S.  Art.  2524  (2445). 


No.   311. 
COMPLAINT  FOR  FORCIBLE  DETAINER. 

The  State  of  Texas,   County  of No In  Justice's 

Court,  Precinct  No 

To ,  Justice  of  the  Peace  in  said  Precinct: 

shows  that  heretofore,  to  wit,  on  the  ....  day  of , 

19.  .,  he  was  in  peaceable  possession  of in  justice's  pre- 
cinct 'No ,  in  said  county,  together  with thereon 

situated ;  that  on  said  day  he  demised  said  premises  to for 

the  term  of  ......  from  said  date,  which  term  is  fully  ended ;  that  by 

virtue  of  said  lease  the  said entered  into  possession  of  said 

premises,  and  is  still  possessed  of  the  same ;  that  being  desirous  upon  the 
determination  of  said  term  to  have  and  again  repossess  hi?  said  estate, 
he,  for  that  purpose,  did,  on  the  ....  day  of ,  19.  .,  make  de- 
mand in  writing  of  the  said for  possession  thereof,  and 

the  said has  hitherto  refused,  and  still  refuses  to  comply 

with  said  demand,  and  willfully  holds  said  premises. 

Wherefore  he  prays  that  the  defendant  be  cited  to  answer  this  com- 
plaint, and  that  he  have  judgment  for  the  restitution  of  said  premises 
and  for  costs. 


Sworn  to  and  subscribed  before  me,  at this  ....  day  of 

.  19.. 


Justice  of  the  Peace,  Precinct  Xo ,   County,  Texas. 

R.  S.  Art.  2524   (2445). 


TEXAS  CIVIL  FORM  BOOK.  231 

No.  312. 

COMPLAINT  FOR  FORCIBLE  ENTRY  AND  DETAINER. 

The  State  of  Texas,  County  of In  Justice  Court,  Precinct 

No ,  of ,  .  County,  Texas. 

To ,  Justice  of  the  Peace  in  said  Precinct: 

Now  comes and  makes  complaint  against 

for  forcible  entry  and  detainer,  and  says  that  heretofore,  to  wit,  on  the 

....  day  of ,  A.  D.  19. .,  complainant  leased  unto  one 

the  following  described  land  and  premises,  to  wit (here  describe 

the  premises),  situated  in  justice's  precinct  'No ,  in 

County,  Texas,  together  with  all  of  the  improvements  thereon  situated; 

that  he  let  said  land  and  premises  to  the  said at  the  will  of 

complainant,  and  at  the  will  of  this  lessee;  that  by  reason  of  this  lease 

the  said .  obtained  possession  of  said  above  described  land 

and  premises. 

That  on  the day  of ,  A.  D.  19. .,  the  defendant, , 

entered  upon  and  took  possession  of  the  above  described  land  and  prem- 
ises against  the  will  and  without  the  consent  of  the  said  tenant  at  will, 

,  or  of  his  complainant;  that  on  the  ....  day  of , 

A.  D.  19.  .,  this  complainant  determined  his  lease  at  will  with  his  said 

tenant,    ,   and   made   demand   in   writing   on  the  said 

defendant, ,  for  the  possession  of  the  above  described  land 

and  premises,  and  the  said has  hitherto  failed  and  refused, 

and  still  refuses  to  comply  with  said  demand,  but  willfully  and  without 
force  holds  over  such  land  and  premises. 

Complainant  further  says,  that  he  is  the  owner  of  said  land  and 
premises  and  is  entitled  to  the  possession  of  the  same. 

Wherefore,  the  premises  considered,  complainant  prays  the  court  that 
the  defendant  be  cited  to  answer  this  complaint,  and  that  he  have  judg- 
ment for  the  restitution  of  said  land  and  premise?  and  for  costs  of  suit. 


Sworn  to  and  subscribed  before  me,  this  the  ....  day  of 
A.  D.  19.. 

(Seal.)  

R.  R.  Art.  2524  (2445).  • 


232  TEXAS  CIVIL  FORM  BOOK. 

No.  313. 

COMPLAINT  FOR  FORCIBLE  DETAINER. 

The  State  of  Texas,  County  of In  Justice  Court,  Precinct 

N"o ,  of County,  Texas. 

To ,  Justice  of  the  Peace  in  and  for  said  Precinct : 

Now  conies and  makes  complaint  against  .  . . 

for  forcible  detainer  of  his  land,  and  says  that  heretofore,  to  wit,  on  the 

....  day  of ,  A.  D.  19 . . ,  he,  complainant,  was  the  owner  of,  and 

in  the  actual  possession  of  the  following  described  land  and  premises, 

to  wit (here  describe  the  land),  situated  in  justice's  precinct 

No ,  in County,  Texas,  together  with  all  of  the  improve- 
ments thereon  situated;  that  on  said  day,  he,  complainant,  leased  said 

land  and  premises  to for  the  term  of years,  the  said 

lease  being  in  writing,  and  by  its  terms  commencing  on  the  ....  day  of 
..)....,  A.  D.  19 ..,  on  which  day  the  said went  into  pos- 
session of  the  said  land  and  premises,  and  ending  and  expiring  on  the 

day  of ,  A.  D.  19.. 

Complainant  further  says  that  on  the  ....  day  of ,  A.  D.  19.  ., 

the  defendant,   ,  with  force  and  arms  unlawfully  entered 

upon  said  land  and  premises,  and  forcibly  ejected  complainant's  tenant, 

the  said .,  therefrom,  without  the  consent  of  complainant, 

or  his  said  tenant,   Complainant  further  says  the  term 

of  his  said  lease  to  the  . has  now  expired,  and  that  he  is 

entitled  to  the  possession  of  the  said  land  and  premises,  and  was  so 

entitled  on  the  ....  day  of ,  A.  D.  19.  .,  when  he  made  in  writing 

a  demand  upon  the  defendant, ,  for  the  possession  thereof ; 

that  defendant  has  failed  and  refused  and  still  refuses  to  surrender  to 
complainant  the  possession  of  said  land  and  premises,  but  unlawfully 
and  willfully  holds  the  same. 


Sworn  to  and  subscribed  before  me,  this  the  ....  day  of 
A.  D.  19.. 
(Seal.)  

R.  S.  Arts.  2521-2524   (2442-2445). 


TEXAS  CIVIL  FORM  BOOK.  233 

No.  314. 

COMPLAINT  FOR  FORCIBLE  DETAINER. 

The  State  of  Texas,  County  of In  Justice  Court,  Precinct 

No ,  of County,  Texas. 

To ,  Justice  of  the  Peace  in  and  for  said  Precinct: 

Now  comes  . ., and  makes  complaint  against 

for  forcible  detainer  of  his  land,  and  says  that  heretofore,  to  wit,  on  the 

....  day  of ,  A.  D.  19. .,  he,  complainant,  was  the  owner  of,  and 

in  the  actual  possession  of  the  following  described  land  and  premises, 

to  wit, (here  describe  the  land),  situated  in  justice's  precinct 

No ,  in County,  Texas,  together  with  all  of  the  improve- 
ments thereon  situated ;  that  on  said  day  one ,  without 

complainant's  consent,  entered  upon  said  land  and  premises,  and  forcibly 
ejected  complainant  therefrom;  that  subsequently,  to  wit,  on  the.... 

day  of ,  A.  D.  19. .,  this  defendant, ,  entered  upon 

said  land  and  premises,  and  forcibly  ejected  the  said 

therefrom,  and  remains  and  is  now  in  possession  of  the  same. 

Complainant  further  says,  that  being  the  owner  of  and  entitled  to  the 

possession  of  said  land  and  premises,  he,  on  the  ....  day  of , 

A.  D.  19.  .,  made  demand  in  writing  of  the  said  defendant  to  restore  to 
him,  complainant,  the  possession  of  said  land  and  premises,  and  the 

said  defendant,  . . . ., ,  has  failed  and  refused,  and  still  refuses 

to  comply  with  said  demand,  and  unlawfully  and  willfully  holds  said 
land  and  premises. 


Sworn  to  and  subscribed  before  me,  this  the  ....  day  of ,  A 

D.  19... 

(Seal.)  

R.  S.  Arts.  2521-2524  (2442-2445). 


No.  315. 
COMPLAINT  FOR  FORCIBLE  DETAINER. 

The  State  of  Texas,  County  of In  Justice  Court,  Precinct 

No ,  of County,  Texas. 

To ,  Justice  of  the  Peace  in  said  Precinct : 

Now  comes and  makes  complaint  against 

for  forcible  detainer  of  his  land,  and  says  that  heretofore,  to  wit,  on  the 
....  day  of  ........  A.  D.  19. .,  he  was  in  the  actual  possession  of  the 

following  described  land  and  premises,  to  wit, (here  describe 

the  land),  situated  in  justice's  precinct  No ,  in  ........  County, 

Texas,  together  with  all  of  the  improvements  thereon  situated;  that  on 
the  said  day  one ,  without  complainant's  consent,  entered 


234  TEXAS  CIVIL  FORM  BOOK. 

upon  said  land  and  premises,  and  forcibly  ejected  complainant  from 
the  same,  and  immediately  after  said  forcible  ejectment  installed  this 

defendant,  ,  upon  said  land  and  premises,  and  leased  the 

same  to  him,  said  defendant,  who  immediately  took  possession  of,  and 
has  since  held  the  same  as  the  tenant  of  said Complain- 
ant says  that  he  is  the  owner  o_f  said  land  and  premises,  and  is  entitled 

to  the  possession  of  the  same ;  that  the  said ,  tenant  of  the 

said ,  the  person  who  made  the  above  said  forcible  entry 

upon  said  land  and  premises,  has  failed  and  refused  and  still  refuses  to 
surrender  possession  of  the  same  to  the  complainant,  so  forcibly  ejected 

as  described,  though  complainant,  on  the  ....  day  of ,  A.  D. 

19.  .,  in  writing,  made  demand  upon  him,  the  said ,  so  to 

do,  and  continues  to  unlawfully  and  willfully  hold  said  land  and 
premises. 

Wherefore  complainant  prays  the  court  that  the  defendant  be  cited 
to  answer  this  complaint,  and  that  he  have  judgment  for  the  restitution 
of  said  land  and  premises  and  for  costs  of  suit. 


Sworn  to  and  subscribed  before  me,  this  the  ....  day  of ,  A. 

A.  D.  19 .  . 

(Seal.)  

R.  8.  Arts.  2521-2524   (2442-2445). 


No.  316. 
COMPLAINT  FOR  FORCIBLE  DETAINER. 

The  State  of  Texas,  County  of In  Justice  Court,  Precinct 

No ,  of County,  Texas. 

To ,  Justice  of  the  Peace  in  said  Precinct : 

Xow  comes and  makes  complaint  against 

for  forcible  detainer  of  his  land,  and  says  that  heretofore,  to  wit,  on  the 

....  day  of ,  A.  D.  19 .  ., ,  deceased,  made  a  lease 

at  will  to  the  defendant,  ,  of  the  following  described 

land  and  premises,  to  wit (here  describe  the  land),  situated  in 

justice's  precinct  ISTo ,  in County,  Texas,  together  with  all 

the  i  mprovements  thereon  situated ;  that  on  the  ....  day  of , 

A.  D.  19.  .,  the  said  lessor  at  will,  ,  died,  and  the  said 

estate  at  will  then  determined ;  that  the  said  defendant,  , 

continued  in  possession  of  said  above  described  land  and  premises  after 
the  death  of  the  said ,  and  is  a  tenant  at  sufferance. 

That  this  complainant,  .  . .  ., ,  inherited  the  above  described 

land  and  premises  from  his  ancestor,  ,  deceased;  that  he 

is  now  the  legal  owner  of  said  land  and  premises,  and  is  entitled  to  the 


TEXAS  CIVIL  FORM  BOOK.  235 

possession  of  the  same,  and  is  the  landlord  of  defendant,  tenant  at  suf- 
ferance ;  that  defendant  came  into  the  possession  of  this  land  by  lawful 

title,  being  tenant  at  will  of ,  deceased,  at  time  of  entry 

upon  said  land;  that  he  now  holds  this  land  without  any  title  at  all; 

that  on  the  ....  day  of ,  A.  D.  19.  .,  complainant,  being  desirous 

to  terminate  this  tenancy  at  sufferance,  and  to  sever  his  connection  with 
defendant,  made  demand  in  writing  of  the  said for  pos- 
session of  said  land  and  premises,  and  also  notified  him  in  writing  of 
the  termination  of  said  tenancy  at  sufferance;  that  defendant  has 
hitherto  failed  and  refused,  and  still  refuses  to  comply  with  said  demand, 
and  willfully  and  without  force  holds  over  said  land  and  premises. 

Wherefore,  the  premises  considered,  complainant  prays  the  court  that 
the  defendant  be  cited  to  answer  this  complaint,  and  that  he  have  judg- 
ment for  the  restitution  of  said  land  and  premises  and  for  costs  of  suit. 

* 


Sworn  to  and  subscribed  before  me,  this  the  ....  day  of 
A.  D.  19.. 
(Seal.)  

R.  S.  Art.  2524  (2445). 


No.  317. 
COMPLAINT  FOR  FORCIBLE  DETAINER. 

The  State  of  Texas,  County  of In  Justice  Court,  Precinct 

No ,  of County,  Texas. 

To ,  Justice  of  the  Peace  in  said  Precinct: 

Now  comes and  makes  complaint  against 

for  forcible  detainer  of  his  land,  and  says  that  heretofore,  to  wit,  on  the 

....  day  of ,  A.  D.   19.  .,  complainant  leased  unto  defendant, 

,  the    following    described    land    and    premises,    to    wit 

(here  describe  the  premises),  situated  in  justice's  precinct 

No ,  in County,  Texas,  together  with  all  of  the  improve- 
ments thereon  situated;  that  he  let  said  land  and  premises  to  said 
defendant  at  the  will  of  complainant  and  at  the  will  of  this  lessee,  and 
the  said  defendant,  by  force  of  said  lease,  obtained  possession  of  the 
land  and  premises  above  described. 

That  complainant  is  the  owner  of  the  above  described  land  and 
premises  and  is  entitled  to  the  possession  of  the  same,  and  that  com- 
plainant is  the  landlord  of  the  defendant.  That  this  lease  at  will  could 
be  determined  at  the  will  of  either  complainant  or  defendant.  That  on 

the  ....  day  of ,  A.  D.  19 .  . ,  this  complainant  determined  this 

lease  at  will,  and  notified  defendant  of  the  termination  of  this  lease, 
and  made  demand  in  writing  of  defendant,  ,  on  the  .... 


236  TEXAS  CIVIL  FORM  BOOK. 

*  f 

day  of ,  A.  D.  19. .,  for  the  possession  of  said  above  described 

land  and  premises.  That  said  defendant  was  and  is  now  in  the  posses- 
sion of  said  land  and  premises.  That  defendant  has  hitherto  failed  and 
refused,  and  still  refuses  to  comply  with  said  demand,  and  willfully  and 
without  force  holds  said  land  and  premises. 

Wherefore,  the  premises  considered,  complainant  prays  the  court  that 
the  defendant  be  cited  to  answer  this  complaint,  and  that  he  have  judg- 
ment for  the  restitution  of  said  land  and  premises  and  for  costs  of  suit. 


Sworn   to   and   subscribed   before   me,   this   the  ....  day  of 
A.  D.  19... 
(Seal.)  

R.  S.  Art.  2524  (2445). 


No.  318. 
DEMAND  FOR  POSSESSION. 

The  State  of  Texas,  County    of To ,  of  said 

County : 

You  are  hereby  notified  that  I  demand  of  you  the  immediate  posses- 
sion of  the  following  land  and  premises,  to  wit (here  describe 

the  same),  situated  in County,  Texas,  now  occupied  by  you, 

which  you  from  me  illegally  detain;  and  unless  my  demand  be  complied 
with  at  once,  I  shall  proceed  against  you  as  the  law  directs. 

Witness  my  hand  this  the  ....  day  of ,  A.  D.  19.  . 


R.  S.  Art.  2519  (2440). 


No.  319. 
WRIT  OF  CITATION  IN  FORCIBLE  DETAINER. 

vs No In  Justice's  Court,  Precinct 

No , County,  Texas. 

The  State  of  Texas.    To  the  Sheriff  or  any  Constable  of 

County,  Texas — Greeting: 

You  are  hereby  commanded  to  summon ,  if  to  be  found 

within  your  county,  to  be  and  appear  before  me, ,  a  justice 

of  the  peace  in  and  for  the  above  named  precinct  and  county,  at , 

Texas,  on  the day  of ,  A.  D.  19. .,  then  and  there  to  answer 

the  complaint  of in  an  action  of  forcible  detainer  of  and 

concerning    the    following    described    property   and    premises,    to   wit 
(here  describe  the  same). 


TEXAS  CIVIL  FORM  BOOK.  237 

Herein  fail  not,  but  of  this  writ  make  due  return,  showing  how  you 
have  executed  the  same. 

Witness  my  official  signature  at ,  Texas,  this,  the  ....  day 

of ,  A.  D.  19... 


Justice  of  the  Peace,  Precinct  No ,  County,  Texas. 

R.  S.  Art.  2523    (2444). 


No.  320. 

RETURNS  ON  WRIT  —  FORCIBLE  DETAINER. 

Came  to  hand  on  the  ....  day  of ,  A.  D.  19. .,  at  ....  o'clock 

. .  m.,  and  executed  by  me  on  the  ....  day  of ,  A.  D.  19. .,  at 

. .  o'clock  .  .  m.,   by   reading  this  writ  to  the  within   named   defend- 
ant,    ,  at ,  in County,    Texas,    (or    by 

leaving  a  copy  of  this  writ  with ,  a  person  ovfr  the  age  of 

sixteen  years,  at ,  the  usual  place  of  abode  of  defendant, 

,  as  the  case  may  be).     The  distance  actually  traveled  in 

the  execution  of  such  process  is miles. 


Constable  Precinct  No ,   County,  Texas. 

R.  S.  Art.  2525  (2446). 

The  citation  must  summon  the  defendant  to  appear  at  a  time  not 
more  than  ten  days  nor  less  than  six  days  from  the  date  thereof,  and 
service  must  be  perfected  at  least  five  days  before  the  day  of  trial. 


No.  321. 
JUDGMENT  —  FORCIBLE  DETAINER. 

vs No In  Justice's  Court,  Precinct 

No ,  of County,  Texas. 

On  this  the  ....  day  of ,  A.  D.  19.  .,  in  open  court,  came  on 

for  trial  the  above  entitled  and  numbered  cause,  thereupon  came  the 
parties,  a  jury  being  demanded,  also  came  a  jury  of  good  and  lawful 

men,  to  wit, and  five  others,  who  being  duly  impaneled 

and  sworn,  after  hearing  the  evidence  returned  into  court  the  following 
verdict :  "  We  the  jury  find  the  defendant  guilty  of  forcible  detainer. 
,  Foreman." 

It  is  therefore  considered,  ordered  and  decreed  by  the  court,  that  the 

complainant, ,  do  have  restitution  of  said  premises,  to  wit 

(here  describe  the  same),  together  with  all  his  costs  in  this 

behalf  expended,  for  all  of  which  execution  and  writ  of  restitution  of 
said  premises  may  issue. 

R.  S.  Art.  2532   (2453). 


238  TEXAS  CIVIL  FORM  BOOK. 

No.  322. 
WRIT  OF  RESTITUTION. 

The  State  of  Texas.     To  the  Sheriff  or  any  Constable  of 

County — Greeting: 

Whereas, 011  the  ....  day  of ,  A.  D.  19 .  . ,  before 

me,  a  justice  of  the  peace  of County,  recovered  judgment 

against for  the  restitution  of  certain  premises,  to  wit 

(here  describe  the  premises),  and  for  the  sum  of dollars 

damages,  and  the  further  sum  of dollars,  costs  of  suit : 

Therefore  you  are  hereby  commanded  that  you  deliver  to  the  said 

the  possession  of  the  said  premises  hereinbefore  described, 

and  that  of  the  goods  and  chattels,  lands  and  tenements  of  the  said 
you  cause  to  be  made  the  said  sum  of dollars,  dam- 
ages aforesaid,  together  with  the  sum  of dollars,  costs  of  suit, 

and  also  the  further  costs  of  executing  this  writ. 

Herein  fail  not,  and  of  this  Avrit  make  due  return  as  the  law  directs, 

Given  under  my  hand  this  ....  day  of ,  A.  D.  19 ... 


Justice  of  the  Peace,  Precinct  No ,  County,  Texas. 

R,  S.  Art.  2532   (2453). 

No  writ  of  restitution  shall  issue  until  the  expiration  of  two  days 
from  the  rendition  of  the  judgment. 


No.  323. 

APPEAL  BOND  —  FORCIBLE  DETAINER. 

The  State  of  Texas,  County  of 

Whereas,  upon  a  writ  of  forcible  entry  (or  forcible  detainer)  in  favor 

of ,  and  against ,  tried  before ., 

a  justice  of  the  peace  of County,  a  judgment  was  rendered  in 

favor  of  the  said on  the  ....  day  of ,  A.  D.  19 .  ., 

and  against  the  said ,  from  which  the  said 

has  appealed  to  the  county  court:  Now  therefore  the  said 

and and ,  his  sureties,  covenant  that  he  will 

prosecute  his  said  appeal  with  effect  and  pay  all  costs  and  damages  which 
may  be  adjudged  against  him. 

Given  under  our  hands  this  ....  day  of ,  A.  D.  19.  .  . 


R  S.  Art.  2535  (2456). 


TEXAS  CIVIL  FORM  BOOK.  239 

Approved  by  ine,  this  the  ....  day  of ,  A.  D.  19. . 


Justice  of  the  Peace,  Precinct  No ,   County,  Texas. 

Notice  of  appeal  must  be  given  in  open  court  and  bond  must  be  filed 
with  such  justice  of  the  peace,  within  five  days  after  the  rendition  of 
said  judgment,  and  no  motion  for  a  new  trial  shall  be  necessary  to 
authorize  such  appeal. 

R.  S.  Art.  2534  (2455). 

Damages  may  be  recovered  in  the  county  court  for  withholding  the 
possession  of  the  premises  during  the  pendency  of  the  appeal,  and  for 
the  reasonable  expenses  in  prosecuting  or  defending  the  cause  in  the 
county  court. 

R.  S.  Art.  2538   (2459). 


GARNISHMENT. 
R.  S.  Arts.  217-254  (183-220). 
.  WRITS    OF   GARNISHMENT,   WHO    MAY    ISSUE   AND   WHEN. 

The  clerks  of  the  district  and  county  courts  and  justices  of  the  peace 
may  issue  writs  of  garnishment,  returnable  to  their  respective  courts,  in 
the  following  cases: 

1.  Where  an  original  attachment  has  been  issued  as  provided  in  the 
foregoing  chapter. 

2.  Where  the  plaintiff  sues  for  a  debt  and  makes  affidavit  that  such 
debt  is  just,  due  and  unpaid,  and  that  the  defendant  has  not,  within  his 
knowledge,  property  in  his  possession,  within  this  State,  subject  to  execu- 
tion, sufficient  to  satisfy  such  debt;  and  that  the  garnishment  applied 
for  is  not  sued  out  to  injure  either  the  defendant  or  the  garnishee. 

3.  Where  the  plaintiff  has  a  judgment  and  makes  affidavit  that  the 
defendant  has  not,  within  his  knowledge,  property  in  his  possession 
within  this  State,  subject  to  execution,  sufficient  to  satisfy  such  judg- 
ment. 

R.  S.  Art.  217  (183). 

Bond  when  no  attachment  has  issued  and  no  judgment  has  been 
rendered : 

In  the  case  mentioned  in  subdivision  2  of  the  preceding  article, 
the  plaintiff  shall  execute  a  bond,  with  two  or  more  good  and  sufficient 
sureties,  to  be  approved  by  the  officer  issuing  the  writ,  payable  to  the 
defendant  in  the  suit,  in  double  the  amount  of  the  debt  claimed  therein, 
conditioned  that  he  will  prosecute  his  suit  to  effect  and  pay  all  damages 
and  costs  that  may  be  adjudged  against  him  for  wrongfully  suing  out 
such  attachment: 

R.  S.  Art.  218   (184). 

The  case  shall  be  docketed  in  the  name  of  the  plaintiff  as  plaintiff, 
and  of  the  garnishee  as  defendant. 


240  TEXAS  CIVIL  FORM  BOOK. 

No.  324. 
APPLICATION  FOR  GARNISHMENT  —  ORIGINAL  ATTACHMENT. 

The    State    of    Texas,  County    of In Court,  of 

County,  Texas, Term,  A.  D.  19 vs. 

,    Garnishee    in    Suit vs ^. . . . 

No 

To  the  Clerk  of  the Court  of County,  Texas : 

Now  comes ,  the  plaintiff  in  the  cause  of 

vs ,  now  pending  in  this  court,  the  file  number  of  which 

is  No ,  and  applies  for  a  writ  of  garnishment  to  issue  to , 

and  for  cause  plaintiff  says: 

First.  That  on  the  ...  day  of ,  A.  D.  19 .  .,  plaintiff, , 

sued ,  defendant  in  said  cause  No ,  for  a  debt  upon  a 

certain  promissory  note,  and  had  an  original  attachment  to  issue  in  said 

cause,  as  is  provided  by  law  in  such  cases,  for  the  sum  of dollars, 

principal  and  interest;  said  note  is  not  yet  due  and  payable,  and  is  in 

words  and  figures  substantially  as  follows: (here  describe  the 

note). 

Second.  Plaintiff  says  that  he  has  reason  to  believe,  and  does  believe, 

that  the  garnishee,  ,  a  resident  citizen  of , 

County,  Texas,  is  indebted  to  the  defendant,  or  that  he  has 

in  his  hands  effects  belonging  to  the  defendant.  (If  the  garnishee  is 
an  incorporated  or  joint-stock  company,  then  state.) 

Plaintiff  says  that  he  has  reason  to  believe,  and  does  believe,  that  the 
garnishee  (an  incorporated  or  joint-stock  company,  as  the  case  may  be, 
giving  the  name  and  place  of  business),  of  which is  presi- 
dent (treasurer  or  secretary,  as  the  case  may  be),  is  indebted  to  the 
defendant,  or  that  it  has  in  its  hands  effects  belonging  to  the  defendant, 

,  and  that  the  defendant  is  the  owner  of  shares  in  such 

company,  or  has  an  interest  therein. 

Third.  Plaintiff  further  says  that  the  writ  of  garnishment  applied 
for  is  not  sued  out  to  injure  either  the  defendant  or  the  garnishee. 


Sworn   to   and   subscribed    before   me,   this   the  ....  day    of 
A.  D.  19.. 


R.  S.  Art.  219  (185). 

Garnishment  can  issue  only  when  the  debt  is  due,  except  in  a  case  in 
which  an  original  attachment  has  issued. 

62  8.  W.  R.  018.  Affidavit  against  corporation  must  state,  etc.  Underwood 
vs.  First  Nat.  Bank,  62  S.  W.  R.  943. 


TEXAS  CIVIL  FORM  BOOK.  241 

No.  325. 

APPLICATION  FOR  GARNISHMENT  —  BEFORE  JUDGMENT. 

The  State  of  Texas,  County  of In  Justice's  Court,  Precinct 

No.  .  . .  .,   County,  Texas,   Term,  A.  D.  19 .. 

vs Garnishee   in  Suit 

vs No.  . .  . 

To  the  Honorable  Court  of  said  County: 

Now  comes ,  the  plaintiff  in  the  cause  of 

vs ,  now  pending  in  this  court,  the  file  number  of  which 

is  No ,  and  applies  for  a  writ  of  garnishment  to  issue  to , 

and  for  cause  plaintiff  says: 

First.  That  on  the  day  of  ,  A.  D.  19..,  plaintiff, 

: .  .,  sued ,  defendant  in  said  cause  No ,  for 

a  debt  due  upon  account  for  the  sum  of dollars,  and  interest  at 

....  per  cent  per  annum  from  the  ....  day  of ,  A.  D.  19. .; 

that  such  debt  is  just,  due  and  unpaid,  and  that  the  defendant, 

,  has  not,  within  his  knowledge,  property  in  his  possession, 

within  this  State,  subject  to  execution,  sufficient  to  satisfy  such  debt. 

Second.  Plaintiff  says  that  he  has  reason  to  believe,  and  does  believe, 

that  the  garnishee,  National  Bank  of ,  Texas,  a 

private  corporation  doing  business  in , County,  Texas, 

of  which is  president,  is  indebted  to  the  defendant,  or  that 

it  has  in  its  hands  effects  belonging  to  the  defendant.  (If  the  garnishee 
is  an  incorporated  or  joint-stock  company,  then  state.) 

Plaintiff  says  that  he  has  reason  to  believe,  and  does  believe,  that  the 
garnishee  (an  incorporated  or  joint-stock  company,  as  the  case  may  be, 

giving  the  name  and  place  of  business) ,  of  which is 

president  (treasurer  or  secretary,  as  the  case  may  be),  is  indebted  to  the 
defendant,  or  that  it  has  in  its  hands  effects  belonging  to  the  defendant, 

,  and  that  the  defendant  is  the  owner  of  shares  in  such 

company,  or  has  an  interest  therein. 

Third.  Plaintiff  further  says  that  the  writ  of  garnishment  applied  for 
is  not  sued  out  to  to  injure  either  the  defendant  or  the  garnishee. 


Sworn   to  and  subscribed    before   me,   this   the  ....  day   of 
A.  D.  19.. 
(Seal.)  

R.  3.  Arts.  217-219   (183-185). 


Form  Book  —  16. 


242  TEXAS  CIVIL  FORM  BOOK. 

No.  326. 
APPLICATION   FOR   GARNISHMENT  —  AFTER   JUDGMENT. 

The  State  of  Texas,  County  of In  Justice's  Court,  Precinct 

No ,  County,  Texas, Term,  A.  D.  19.  . 

vs ,   Garnishee   in   Suit 

vs No 

To  the  Honorable  Court  of  said  County: 

Now  comes ,  the  plaintiff  in  the  above  named  cause,  and 

respectfully  shows  that  he  is  plaintiff  in  the  cause  of vs. 

,  in  this  court,  the  file  number  of  which  is  No ,  and 

for  cause  plaintiff  says: 

First.  That  in  said  suit  plaintiff  recovered  judgment  against  the 

said  defendant ,  on  the  ....  day  of ,  A.  D.  19.  ., 

for  the  sum  of dollars,  with  interest  from  date  at  the  rate  of 

....  per  cent  per  annum,  and  all  costs  of  suit ;  that  nothing  has  been 
paid  or  collected  on  this  judgment,  and  the  same  is  still  in  force  and 

unsatisfied,  and  there  is  now  due  on  same  the  sum  of dollars,  and 

that  said  defendant  has  not,  within  the  knowledge  of  plaintiff,  or  of 
the  person  making  affidavit  in  support  of  this  application,  property  in 
his  possession  within  this  State  subject  to  execution  sufficient  to  satisfy 
such  judgment. 

Second.  That  plaintiff  has  reason  to  believe,  and  does  believe,  that 

,  who  resides  in County,  Texas,  is  indebted  to  the 

defendant,  or  that  he  has  in  his  hands  effects  belonging  to  defendant. 
(If  the  garnishee  is  an  incorporated  or  joint-stock  company,  then 
state.)  Plaintiff  says  that  he  has  reason  to  believe,  and  does  believe, 
that  the  garnishee  (an  incorporated  t>r  joint-stock  company,  as  the  case 

may  be,  giving  the  name  and  place  of  business),  of  which 

is  president  (treasurer  or  secretary,  as  the  case  may  be),  is  indebted  to 
the  defendant,  or  that  it  has  in  its  hands  effects  belonging  to  defendant, 

,  and  that  the  defendant  is  the  owner  of  shares  in  such 

company,  or  has  an  interest  therein.  Plaintiff  prays  for  a  writ  o"f 

garnishment  against  the  said ,  and  for  further  proceedings 

thereon,  as  in  like  cases  are  provided  by  law. 


Sworn   to   and    subscribed   before   me,    this   the  ....  day   of 
A.  D.  19 .. 
(Seal.)  

R.  S.  Arts.  217-219  (183-185). 


TEXAS  CIVIL  FORM  BOOK.  243 

No.  327. 

BOND   FOR  GARNISHMENT. 

The  State  of  Texas,  County  of In Court  of 

County,  Texas. 

Whereas,  in  the  cause  of vs ,  suit  now 

pending  in  the Court  of County,  Texas,  the  file  num- 
ber of  which  is  . . . . , ,  plaintiff,  caused  a  writ  of  garnish- 
ment to  issue  against ;  we,  the  undersigned, , 

as  principal,  and and ,  as  sureties,  acknowl- 
edge ourselves  bound  to  pay  to the  sura  of dollars, 

conditioned  that  the  above  bound will  prosecute  his  suit 

against  the  said to  effect  and  pay  all  damages  and  costs 

that  may  be  adjudged  against  him  for  wrongfully  suing  out  such 
garnishment. 

Witness  our  hands  this  ....  day  of ,  A.  D.  19 . . 


Approved  by  me,  this  the  ....  day  of ,  A.  D.  19. . 

(Seal.)  


When  no  attachment  has  issued  and  no  judgment  has  been  rendered, 
the  plaintiff  shall  execute  a  bond,  with  two  or  more  good  and  sufficient 
sureties,  to  be  approved  by  the  officer  issuing  the  writ,  payable  to  the  de- 
fendant in  the  suit,  in  double  the  amount  of  the  debt  claimed  therein 
R.  S.  Art.  218  (184). 


No.  328. 

WRIT  OF  GARNISHMENT. 

The  State  of  Texas.    To  the  Sheriff  or  any  Constable  of 

County,  Texas  —  Greeting : 

Whereas,   in   the Court  of County,    Texas,    (if   a 

justice's  court,  state  also  the  number  of  the  precinct),  in  a  certain  cause 

wherein is   plaintiff   and is   defendant,   ihe- 

plaintiff,   claiming   an   indebtedness   against  the   said of 

dollars,  besides  interest  and  costs  of  suit,  has  applied  for  a  writ 

of  garnishment  against ,  who  is  alleged  to  be  a  resident  of 

your  county  (or  to  be  within  your  county,  as  the  case  may  be) :    There- 
fore you  are  hereby  commanded  forthwith   to  summon  the  said , 

if  to  be  found  within  your  county,  to  be  and  appear  before  the  said 

court  at  the  next  term  thereof,  to  be  held  at  . ._. ,  in  said  county,  on 

the  ....  day  of ,  A.  D.  19.  .,  then  and  there  to  answer  upon  oath 


244  TEXAS  CIVIL  FORM  BOOK. 

what,  if  anything,  he  is  indebted  to  the  said ,  and  was 

when  this  writ  was  served  upon  him,  and  what  effects,  if  any,  of  the 

said he  has  in  his  possession,  and  had  when  this  writ  was 

served,  and  what  other  persons,  if  any,  within  his  knowledge,  aro  in- 
debted to  the  said ,  or  have  effects  belonging  to  him  in 

their  possession  (and  if  the  garnishee  be  an  incorporated  or  joint-stock 
company,  in  which  the  defendant  is  alleged  to  be  the  owner  of  shares 
or  interested  therein,  then  the  writ  shall  proceed)  ;  and  further  to 

answer  what  number  of  shares,  if  any,  the  said  .  . .  .1 owns  in, 

such  company,  and  owned  when  such  writ  was  served. 

Herein  fail  not,  but  of  this  writ  make  due  return  as  the  law  directs. 

Witness ,    Clerk    of    the Court    of 

County,  Texas. 

Given  under  my  hand  and  seal  of  said  court,  at  office  in 

this day  of  .". ,  A.  D.  19.  . 


Clerk  of Court, County,  Texas. 

By ,  Deputy. 

(If  in  justice's  court,  then  state  as  follows)  : 

.  Given  under  my  hand  officially  in ,  Texas,  this  ....  day  of 

,  A.  D.  19.. 


Justice  of  the  Peace,  Precinct  No , County,  Texas. 

R.  S.  Arts.  220-222  (186-188). 


No.  329. 
OFFICER'S  RETURNS. 

Came  to  hand  on  the day  of ,  A.  D.  19.  .,  at o'clock 

.  .  m.,  and  executed  on  the day  of ,   A.  D.   19.  .,  at 

o'clock  .  .  m.,  by  delivering  to  the  within  named  garnishee , 

in  person,  at ,  in County,  Texas,  a  true  copy  of  this 

writ.     The  distance  actually  traveled  in  the  execution  of  such  process 
is  ....  miles. 


Constable  Precinct  No.  ..,..,   County,  .Texas. 

Fees.  Serving   writ,   $ Mileage  .      .  miles.    $.  . 

Total,  $ 


TEXAS  CIVIL  FOH.M  BOOK.  245 

No.  330. 

CONTROVERTING  ANSWER  OF  GARNISHEE. 
.   vs.  No.  .  In  ........   Court    of 


County,  Texas, Term,  A.  D.  19 .. 

To  the  Honorable  Court  of  said  County: 

Xow  comes ,  plaintiff  in  the  above  entitled  and  num- 
bered cause,  and  says  that  he  has  good  reason  to  believe,  and  does  be- 
lieve, that  the  answer  of  the  said  garnish ee herein,  is  in- 
correct   (here  state  in  what  particular  said  garnishee's  answer 

is  believed  to  be  incorrect). 


Sworn   to  and  subscribed   before   me,   this   the  ....  day   of , 

A.  D.  19 .. 

(Seal.)  

R.  S.  Art.  245  (211). 

The  defendant  ma}'  also,  in  like  manner,  controvert  the  answer  of  the 
garnishee. 

R.  S.  Art.  24(5  (212).  White  vs.  San  Miguel,  66  S.  W.  R.  311.  Attorney's 
fees.  when.  Rei<l  vs.  Walsh,  63  S.  W.  R.  940. 


No.  331. 

NOTICE  TO  GARNISHEE  THAT  HIS  ANSWER  IS  CONTROVERTED. 
The  State  of  Texas.    To  the  Sheriff  or  anv  Constable  of  . 


County  —  Greeting : 

Wl»ereas,  it  appears  that  in  a  certain  cause  pending  in  the 

Court  of County  (if  justice's  court,  give  the  precinct),  wherein 

is  plaintiff  and is  defendant,  , 

a  resident  of  your  county,  was  summoned  as  garnishee  and  made  answer 

therein.  And  whereas,  the  said has  filed  in  this  court 

(any  court  of  the  county  where  the  garnishee  may  reside,  having  juris- 
diction of  the  amount  of  the  judgment  in  the  original  suit)  a  duly 
certified  copy  of  the  original  judgment  in  said  suit  and  of  the  proceed- 
ings in  garnishment,  including  plaintiff's  application  for  the  writ  of 

garnishment,  the  answer  of  the  said as  garnishee,  and  the 

affidavit  of  the  said controverting  the  answer  of  the 

said : 

Now  therefore  you  are  hereby  commanded  to  notify  the  said 

that  his  answer  has  been  so  controverted,  and  that  the 

issue  between  him  and  the  said will  stand  for  trial  at  the 

next  term  of  this  court,  to  be  holden  on  the  ....  Monday  in , 

A.  D.  19,  being  the  ....  day  of ,  A.  D.  10.  .,  at  the  courthouse 


"346  TEXAS  CIVIL  FORM  BOOK. 

of  said  county.  Herein  fail  not,  but  have  you  before  said  court,  ou 
the  said  first  day  of  the  next  term  thereof,  this  writ,  with  your  return 
ihereon  showing  how  you  have  executed  the  same. 

Witness,  etc.  (to  be  dated  and  tested  as  other  process  from  such  court, 
Mid  shall  be  served  by  delivering  a  copy  thereof  to  the  garnishee). 

R.  S.  Arts.  249-250  (215-216). 


•p 


No.  332. 

WRIT   SUMMONING   GARNISHEE   TO  APPEAR   BEFORE    COMMISSIONER. 

The  State  of  Texas.     To  the  Sheriff  or  any  Constable  of 

County — Greeting : 

Whereas,  in  a  certain  cause  pending  in  the Court  of  . 

Count}',  wherein    is  plaintiff  and   is  defendant, 

wherein  the  plaintiff  claims  of  the  said  defendant  the  sum  of 

dollars,  besides  interest  and  costs  of  suit,  a  writ  of  garnishment  was 

issued  against of  your  county,  which  .was  duly  served  upon 

him  on  the   ....   day  of ,  A.  D.  19.  .,  requiring  him  to  answer 

thereto  before  the  said  court  at  its  late  term;  and  whereas,  the  said 
garnishee  has  failed  to  answer  as  required  by  said  writ;  and  whereas,  a 
commission  has  been  issued  by  the  said  court  and  lodged  in  my  hands, 

whereby  I  am  commanded  to  summon  the  said before  me 

to  make  such  answer :    Therefore,  you  are  hereby  commanded  forthwith 

to  summon  the  said ,  if  to  be  found  within  your  county, 

to  be  and  appear  before  me,  at  my  office  in . ,  on  the  ....  day  of 

,  A.  D.  19.  .,  then  and  there  to  answer  upon  oath  what,  if  any- 
thing, he  is  indebted  to  the  aforesaid ,  and  was  when  the 

aforesaid  writ  of  garnishment  was  so  served  upon  him,  and  what  effects, 

if  any,  of  the  said he  has  in  his  possession,  and  had  when 

the  said  writ  was  so  served;  and  what  other  persons,  if  any,  within  his 
knowledge,  are  indebted  to  the  said or  have  effects  be- 
longing to  him  in  their  possession;  (and  if  the  garnishee  is  an  incor- 
porated or  joint-stock  company,  in  which  the  defendant  is  alleged  to  be 
the  owner  of  shares,  or  interested  therein,  the  writ  shall  proceed:  and 

further,  to  answer  what  number  of  shares,  if  any,  the  said 

owns  in  such  company  and  owned  when  the  said  writ  was  served,  and 
what  interest,  if  any,  he  has  in  such  company  and  had  when  the  writ  was 
served.) 

Herein  fail  not,  but  of  this  writ  make  return  forthwith. 

Witness  my  hand  officially  with  the  seal  of  my  office  hereon  impressed 

this  the day  of . ,  A.  D.  19 .  .  . 

(Seal.)  

Notary  Public   (or  such  other  officer,  as  the  case  may  be),  in  and  for 
County,  Texas. 

R.  S.  Art.  233  (199). 


TEXAS  CIVIL  FORM  BOOK.  24? 

No.  333. 

RETURNS  OF  OFFICER  ON  WRIT  OF  COMMISSIONER. 

Came  to  hand  on  the  ....  day  of ,  A.  D.  19.  .,  at  .  . .  .  o'clock 

.  .  m.,  and  executed  on  the   ....   day  of  ,  A.  D.  19. .,  at  .... 

o'clock  .  .  m.,  by  delivering  to ,  the  within  named  gar- 

nishee,  in  person,  a  true  copy  of  this  writ,  at ,  in 

County,  Texas.    The  distance  actually  traveled  in  the  execution  of  such 
process  is  ....  miles. 


Sheriff   (or  Constable)   of   County.  Texas. 

R.  S.  Art.  235   (201). 


No.  334. 
COMMISSIONER'S  RETURN. 

The  State  of  Texas,  County  of 

In  obedience  to  the  commission  hereto  attached,  the  said 

personally  appeared  before  me  on  the  ....  day  of ,  A.  D.  19. ., 

and  made  his  answer,  under  oath,  and  subscribed  the  same,  before  me, 
which  answer  is  hereto  attached  and  returned  with  said  commission. 

In  testimony  whereof  I  have  hereunto  set  my  hand  and  seal  of  office 

this day  of ,  A.  D.  19... 

(Seal.)  

Notary  Public,  County,  Texas. 

R.  S.  Art.  236   (202). 

Should  the  garnishee  appear  and  answer,  in  obedience  to  the  writ, 
the  officer  executing  the  commission  shall  return  the  same,  together  with 
the  answer  of  the  garnishee,  duly-  certified  under  his  hand  and  seal  of 
office,  to  the  clerk  of  the  court  or  justice  of  the  peace  who  issued  it,  etc. 


No.  335. 

COMMISSIONER'S     RETURN     WHEN     THE     GARNISHEE     REFUSED     TO 

ANSWER. 

The  State  of  Texas,  County  of 

In  obedience  to  the  commission  hereto  attached,  I  issued  a  citation  for 

the  said ,  which  was  served  on  the  said on 

the  ....  day  of ,  A.  D.  19.  .,  which  citation  and  service  indorsed 

thereon,  is  returned  with  said  commission.     And  I  further  certify  that 

the  said failed  to  appear  before  me  in  obedience  to  said 

writ  (or  the  said appeared  before  me  at  the  time  and 


248  TEXAS  CIVIL  FORM  BOOK. 

place  named  in  said  citation,  but  refused  to  make  answer  as  therein  re- 
quired; or  refused  to  answer  fully,  etc.) 

In  testimony  whereof  I  have  hereunto  set  my  hand  and  seal  of  office 

this  ....  day  of ,  A.  D.  19... 

(Seal.)  

Notary  Public County,  Texas. 

R.  S.  Art.  237    (203). 


No.  336. 

COMMISSION  TO  TAKE  ANSWER  OF  GARNISHEE  RESIDING  IN  ANOTHER 

COUNTY. 

The  State  of  Texas.     To  the  Clerk  of  the  District  Court,  the  County 

Judge,  Clerk  of  the  County  Court,  or  any  Xotary  Public  of 

County — Greeting : 

Whereas,  on  the   ....   day  of ,  A.  D.  19.  .,  in  a  certain  cause 

pending  in  this  court,  wherein -. .    is  plaintiff  and 

is  defendant,  the  plaintiff  claiming  an  indebtedness  against  the  said 

of dollars,  besides  interest  and  costs  of  suit,  a  writ 

of  garnishment  was  issued  by  this  court  against ,  of  your 

county,  which  was  afterward  returned  duly  served  on  the   ....   day  of 

,  A.  D.  19 .  .  ;  and  whereas,  the  said has  failed  to 

make  answer  to  the  said  writ: 

Now  therefore  you  are  hereby  commanded  forthwith  to  summon  the 

said before  you  to  answer  upon  oath  what,  if  anything, 

he  is  indebted  to  the  said ,  and  was  when  the  said  writ  of 

garnishment  was  served  upon  him,  and  what  effects,  if  any,  of  the  said 

.  he  has  in  his  possession,  and  had  when  the  said  writ  was 

served,  and  what  other  persons,  if  any,  within  his  knowledge,  are  in- 
debted to  the  said or  have  effects  belonging  to  him  in 

tbeir  possession.  (If  the  garnishee  be  an  incorporated  or  joint-stock 
company,  in  which  the  defendant  is  alleged  to  be  the  owner  of  shares, 
or  interested  therein,  the  commission  shall  proceed;  and  further  to 

answer  what  number  of  shares,  if  any,  the  said owns  in 

such  company,  and  owned  when  the  said  writ  was  served,  and  what 
interest,  if  any,  he  has  in  said  company',  and  had  when  the  said  writ  was 
served.) 

Herein  fail  not,  but  of  this  commission  make  return  forthwith. 

Witness ,  Clerk  of  the  Court  of County. 

Given  under  my  hand  and  seal  of  said  court,  at  office  in  the  town 
of ,  this  '.  ...  day  of ,  A.  D.  19 


Clerk  of Court,   County,  Texas. 

Issued  this day  of ,  A.  D.  19.  .  . 


Clerk  of . Court, County,  Texas. 

R.  S.  Art.  230  (196). 


TEXAS  CIVIL  FORM  BOOK.  249 

No.  337. 

GARNISHEE'S  ANSWER. 

vs Xo In  Court  of 

, County,   Texas,    Term,   A.    D.    19 ... 

To  the  Honorable  Court  of  said  County: 

Now  comes  . ,  garnishee  in  the  above  entitled  and  num- 
bered cause,  and  for  answer  herein  to  the  writ  of  garnishment  served 
upon  him,  he  says,  that  he  is  not  now  nor  was  he  at  the  time  said  writ 
of  garnishment  was  served  upon  him,  indebted  in  anything  or  amount 

to  the  said (If  indebted,  then  state,  he  is  now  and  was 

at  the  time  said  writ  of  garnishment  was  served  upon  him  indebted  to 
the  said ,  in  the  sum  of dollars.) 

That  he  is  not  now,  nor  was  he  at  the  time  said  writ  of  garnishment 
was  served  upon  him,  in  possession  of  any  effects  belonging  to  the  said 

;  that  he  does  not  know  of  any  person  or  persons  who  are 

indebted  to  the  said ,  or  have  effects  belonging  to  him  in 

their  possession. 

Garnishee  says  that  he  had  to  employ  an  attorney  to  write  this  answer 
for  him  at  the  reasonable  costs  of dollars. 

Wherefore  garnishee  prays  that  he  be  discharged  from  any  liability 
under  said  garnishment,  with  his  costs  and  attorney's  fees,  and  for  such 
other  and  further  relief  and  decrees  of  the  court  that  he  may  be  justly 
entitled  to. 


Sworn  to  and  subscribed  before  me,  this  the day  of , 

A.  D.  19... 

(Seal.)  

R.  S.  Art.  226  (192). 

The  answer  of  the  garnishee  shall  be  under  oath,  in  writing,  and 
signed  by  him,  and  shall  make  true  answers  to  the  several  matters 
inquired  of  in  the  writ  of  garnishment. 


No.  338. 
REPLEVY    BOND   FOR    GARNISHMENT. 

The  State  of  Texas,  County  of Xo In Court 

of County,  Texas. 

Whereas,  on  the  ....  day  of ,  A.  D.  19.  .,  in  the  cause  of 

vs in  the Court  of 

County,  Texas,  the  file  number  of  which  is  .  . .  .,  ,  plain- 
tiff, caused  a  writ  of  garnishment  to  issue  out  of  said  court  against 

,  for  the  sum  of dollars,  which  was  on  the  ....  day 

of ,  A.  D.  19.  .,  by  the  sheriff  (or  constable,  as  the  case  may  be), 


250  TEXAS  CIVIL  FORM  BOOK. 

of County,  Texas,  served  on  the  said ,  named  as 

garnishee  therein,  which  said  suit  of  garnishment  is  now  pending  in 

said  court  and  undetermined;  and  whereas,    ,  defendant, 

desires  to  replevy  any  effects,  debts,  shares  or  claims  of  any  kind  seized 
or  garnished  under  and  by  virtue  of  said  writ  of  garnishment : 

Xow  therefore  in  order  to  release  from  the  lien  of  said  writ  any  and 
all  debts,  claims,  shares  and  effects,  if  any,  owing  by  or  in  the  posses- 
sion of  the  said and  belonging  to  the  said 

at  the  date  of  service  of  said  writ  and  which  may  be  owing  by  him  or 
shall  come  into  his  possession  up  to  the  time  of  filing  his  answer  as 
garnishee  in  said  cause  (or  which  became  due,  etc.,  where  the  bond  is 
made  after  answer  filed,  we,  the  undersigned,  ,  as  prin- 
cipal, and and ( ,  as  sureties,  acknowledge 

ourselves  bound  to  pay  to  'the  said ,  the  sum  of 

dollars,  conditioned  for  the  payment  of  any  judgment  that  may  be  ren- 
dered against  the  said ,  as  garnishee. 

Witness  our  hands  ihis  the  ....  day  of   ,  A.  D.  19 ... 


Approved  by  me  this,  the  ....  day  of .  A.  D.  19. . . 


Said  bond  must  be  signed  by  two  or  more  good  and  sufficient  sureties 
to  be  approved  by  the  officer  who  issued  the  writ  of  garnishment,  payable 
to  the  plaintiff,  in  double  the  amount  of  plaintiff's  debt. 

R.  S.  Art.  225  (191). 


No.  339. 

JUDGMENT  AGAINST  GARNISHEE. 

vs No In Court  of 

. .  County,  Texas, Term,  A.  D.  19 ... 


On  this  the  ....  day  of ,  A.  D.  19. .,  came  on  to  be  heard  the 

above  entitled  and  numbered  cause,  and  it  appearing  to  the  court  upon 
the  answer  of  defendant,  herein  filed,  to  a  writ  of  garnishment  served 

on  him,  the  ....  day  of ,  A.  D.  19.  .,  issued  out  of  the 

Court  of County,  Texas,  (or  Justice  Court,  precinct  No , 

County,  Texas,  as  the  case  may  be),  in  cause  No ,  wherein 

is  plaintiff  and is  defendant,  that  the  said 

defendant,   ,  is  indebted  to in  the  sum  of 

dollars,   and    that    said ,    plaintiff,   has    recovered 

judgment  against  the  said  defendant,   ,  in  said  cause  No. 

. . . .,  for  the  sum  of  .......  dollars. 


TEXAS  CIVIL  FORM  BOOK.  251 

It  is  therefore  considered,  ordered  aud  decreed  by  the  court  that 

have  and  recover  of  and  from  the  said , 

garnishee,  judgment  for  the  sum  of dollars  for  his  debt  and  the 

further  sum  of :  dollars  for  his  costs,  and  all  costs  of  suit  in  this 

behalf  expended,  for  which,  execution  may  issue. 

R.  S.  Art.  239  (205). 

Should  it  appear  from  the  answer  of  the  garnishee,  or  otherwise,  that 
the  garnishee  has  in  his  possession,  or  had  when  the  writ  was  served, 
any  of  the  effects  of  the  defendant  liable  to  execution,  the  court  shall 
render  a  decree  requiring  the  garnishee  to  deliver  up  to  the  sheriff  or 
any  constable,  presenting  an  execution  in  favor  of  the  plaintiff  against 
the  defendant,  such  effects  or  so  much  of  them  as  may  be  necessary  to 
satisfy  such  execution. 

R.  8.  Art.  241    (207). 

Where  the  garnishco  is  an  incorporated  or  joint-stock  company,  and 
it  appears  from  the  answer,  or  otherwise,  that  the  defendant  is  the 
owner  of  any  shares  of  stock  in  such  company,  or  any  interest  therein, 
the  court  shall  render  a  decree,  ordering  the  sale  under  execution  in 
favor  of  the  plaintiff  against  the  defendant  of  such  shares,  or  interest 
of  the  defendant  in  such  company,  or  so  much  thereof  as  may  be  neces- 
sary to  satisfy  such  execution. 

R.  S.  Art.  242    (208). 


No.  340. 

JUDGMENT   AGAINST   GARNISHEE,   WHEN   REPLEVY  BOND   HAS   BEEN 

FILED. 

vs ,  Garnishee.     No In Court 

of County,  Texas,  Term,  A.  D.  19 .. 

On  this  the  ....  day  of ,  A.  D.  19. .,  came  on  to  be  heard  the 

above  entitled  and  numbered  cause,  and  it  appearing  to  the  court  upon 
the  answer  of  garnishee,  ,  filed  herein,  to  a  writ  of  gar- 
nishment served  on  him  on  the  ....  day  of ,  A.  D.  19.  .,  issued 

out  of  the Court  of County,  Texas  (or,  justice  court, 

precinct  No , County,  Texas,  as  the  case  may  be),  in  cause 

No.  . .  .,  wherein is  plaintiff  and is  defend- 
ant, that  the  said  garnishee, ,  is  indebted  to  said  defend- 
ant,   ,  in  the  sum  of dollars,  and  that  said  plaintiff, 

,  has  recovered  judgment  against  the  said  defendant, 

,  in  said  cause  No .  . .  . ,  for  the  sum  of dollars,  to  • 

gether  with  the  further  sum  of dollars  costs;  and  it  further  ap- 
pearing to  the  court  that  said  defendant, ,  has  heretofore 

replevied  the  fund  from  the  said ,  garnishee,  by  giving 

bond  in  the  sum  of dollars, 'with and 


252  TEXAS-  CIVIL  Fomi  BOOK. 

as  his  sureties,  payable  to  the  plaintiff  herein,  in  double  the  amount  of 
plaintiff's  debt,  as  provided  by  law,  and  conditioned  for  the  payment  of 
any  judgment  that  may  be  rendered  aginst  the  said  garnishee  in  this 
suit,  which  bond  was  properly  approved  by  this  court  and  filed  among 

the  papers  in  this  cause  on  the  .  .'.  .  day  of ,  A.  D.  19.  .,  and  that 

the  said  garnishee,  before  judgment  herein,  m  obedience  to  the  law,  paid 

said  sum  of dollars  to  the  said ,  defendant,  owing 

by  said  garnishee  to  him : 

It  is  therefore  considered,  adjudged  and  decreed  by  the  court  that 

plaintiff, .  . ,  have  and  recover  of  and  from  the  said 

,  garnishee,  judgment  for  the  sum  of dollars  for 

his  debt  and  the  further  sum  of dollars  for  his  costs,  and  all  costs 

in  this  behalf  expended,  but  that  no  execution  issue  herein  against  said 
garnishee. 

R.  S.  Art.  225   (191). 

The  court  in  Plowman  v.  Eastman,  39  S.  W.  R.  171,  holds  that  when 
the  defendant  replevies  the  fund  in  the  hands  of  the  garnishee,  as  con- 
ditioned by  law,  the  garnishee  is  a  nominal  party  to  the  suit,  and  judg- 
ment may  be  rendered  against  him  for  the  amount  due,  showing  that 
the  fund  had  been  replevied,  but  no  execution  should  be  awarded  against 
him,  so  that  he  may  Ije  fully  protected  by  the  bond.  The  plaintiff, 
when  said  funds  have  been  replevied,  may  make  the  sureties  on  the  bond 
parties  to  said  suit,  by  having  them  duly  cited  to  appear  and  answer 
therein,  or  he  may  sue  independently  on  the  bond.  If  the  defendant, 
after  he  replevies  the  fund,  fails  to  make  any  defense  in  the  garnish- 
ment suit,  he  nor  his  bondsmen  can  reopen  the  issues  in  the  suit  on  the 
bond. 

McCoslin  et  al.  v.  David,  54  S.  W.  R.  404. 

See  Seinsheimer  v.  Flanagan,  44  S.  W.  R.  30:  Tinsley  v.  Ardrey,  64  S.  W.  R. 
805. 


GUARDIANSHIP. 

R,  S.  Arts.  2550-2800    (2469-2718). 

No.  341. 
APPLICATIONS  FOR  LETTERS  OF  GUARDIANSHIP. 

The  State  of  Texas,  County  of In  County  Court  of 

County,    Texas,    Term,   A.    D.    19.  . 

To  the  Honorable  County  Court  of  said  County : 

Now   comes ,    who   resides   in County,    Texas, 

and  shows  to  the  court  that is  a  boy  and  a  minor  about 

....  years  of  age,  residing  in  the  said  county  of and  is  with- 
out any  lawful  guardian  of  his  person  or  estate.     That  said  minor  is 


TEXAS  CIVIL  FORM  BOOK.  253 

ontitled  to  an  estate,  both  real  and  personal,  which  is  situated  in  the 

said    county    of ,  of    the    probable    value    of dollars. 

That  the  parents  of  the  said  minor  are  both  deceased ;  , 

the  father  of  said  minor,  survived  the  mother  of  said  minor,  and  at  the 

time  of  his  death  resided  in  the  county  of ,  aforesaid,  and  that 

your  applicant  is  in  no  way  disqualified  and  is  a  proper  person  to  act  as 
guardian  of  the  person  and  estate  of  said  minor. 

Wherefore  he  prays  that  notice  of  his  application  be  given  as  required 
by  law,  and  that  he  be  appointed  guardian  of  the  person  and  estate  of 
said  minor. 


R.  S.  Art.  2569   (2488). 

The  above  application  will  be  varied  to  suit  the  circumstances,  where 
application  is  made  by  parent,  guardian  of  the  person  or  estate,  persons 
of  unsound  mind  or  habitual  drunkards. 

Temporary  Guardians  —  29th  Ijeg.  Reg..  Ses.    (1905),  p.  18. 


No.  342. 

APPLICATION   FOR   TESTAMENTARY   LETTERS   OF   GUARDIANSHIP. 

The  State  of  Texas,  County  of In  County  Court  of 

County,  Texas, ,  A.  D.  19.  . 

To  the  Honorable  County  Court  of  said  County: 

Xow  comes and  shows  that ,  deceased, 

having  survived  his  wife, ,  by  his  last  will,  which  has  been 

regularly  probated  in  said  county  of ,  appointed  your  petitioner 

guardian  of  the  person  and  estate  of ,  their  child,  now 

about  ....  years  of  age,  and  provided  that  your  petitioner  should  not 
be  required  to  give  bond,  and  that  said  minor  is  entitled  to  no  estate 
other  than  that  derived  from  said  testator. 

\\lierefore  he  prays  that  citation  issue,  and  that  he  be  appointed 
guardian  of  the  person  and  estate  of  said  minor,  in  accordance  with  the 
provisions  of  said  will. 


254  TEXAS  CIVIL  FORM  BOOK. 

No.  343. 
FORM  OF  INFORMATION  ALLEGING  PERSON  TO  BE  OF  UNSOUND  MIND. 

The  State  of  Texas,  County  of In  the  County   Court  of 

County,  Texas,   Term,  A.  D.  19. . 

To  the  Honorable  Judge  of  said  Court: 

Now  conies ,  who  resides  in County,  Texas, 

and  here  now  informs  the  court  that is  of  unsound  mind, 

and  is  without  a  guardian,  to  the  best  of  the  knowledge  and  belief  of 
this  informant. 

Wherefore  he  prays  the  court  to  issue  a  warrant  to  the  proper  officer 

commanding  him  to  bring  the  said : . .  .  before  the  court  at  a 

time  and  place  to  be  named  in  the  warrant,  and  if  upon  a  trial  it  shall 

be  found  that  the  said is  of  unsound  mind,  that  the  court 

nppoint  a  guardian  of  the  person  and  estate  of  him,  the  said 


Subscribed  and  sworn  to  before  me,  this  . . .  day  of ,  A.  D.  19. . 

(Seal.) 


R.  S.  Art.  2737  (2655). 

Who  are  entitled  in  case  of  person  of  unsound  mind,  etc. 
R.  S.  Art.  2583  (2502). 

The  county  judge,  upon  satisfactory  information,  shall,  either  in  term 
time  or  in  vacation,  issue  a  warrant  to  the  proper  officer,  etc 
R.  S.  Art.  2735  (2653). 


No.  344. 
CITATION. 

The   State  of   Texas.      To   the   Sheriff  or  any   Constable  of 

County  -*-  Greeting : 

You  are  hereby  commanded  to  cite  all  persons  interested  in  the  wel- 
fare of ,  a  minor,  to  appear  at  the  next  regular  term  of  the 

County  Court  of County,  to  be  holden  at  the  courthouse  thereof, 

in  the  city  of ,  on  the  first  Monday  in ,  A.  D.  19. .,  the 

same  being  the day  of A.  D.  19.  .,  and  contest,  if  they  see 

proper  to  do  so,  the  application  of ,  which  has  been  filed 

in  said  court,  for  the  guardianship  of  the  person  and  estate  of  said 
,  a  minor. 

Herein  fail  not,  but  have  you  before  said  court  at  next  term  thereof, 


TEXAS  CIVIL  FORM  BOOK.  255 

this  writ,  with  your  return  thereon,  showing  how  you  have  executed 
the  same. 

Witness ,  Clerk  of  the  County  Court  of  

County. 

Given  under  my  hand  and  the  seal  of  said  court,  at  office  in  the  city 
of this'.  ...  day  of ,  A.  D.  19 . . 


Clerk  of  County  Court, County. 

By  ,  Deputy. 

R.  S.  Art,.  2570  (2489). 


No.  345. 
CITATION  TO  MINOR  FOURTEEN  YEARS  OF  AGE. 

The  State  of  Texas.     To  the  Sheriff  or  any  Constable  of 

County  —  Greeting : 

You  are  hereby  commanded  to  summon ,  a  minor,  four- 
teen years  of  age.  to  appear  before  the  County  Court  of County, 

to  be  held  in ,  at  the  courthouse  of  said  county,  on  the  .... 

Monday  in next,  being  the  ....  day  of ,  A.  D.  19 .  . ,  then 

and  there  to  answer  the  application  of ,  which  has  been 

filed  in  said  court,  and  show  cause,  if  any  .  .he.  .  can,  why  said 

should  not  be  appointed  guardian  of person  and  estate. 

Herein  fail  not,  but  of  this  writ  make  due  return  as  the  law  directs, 
showing  how  you  have  executed  the  same. 

Given  under  my  hand  and  official  seal  at  my  office  in Texas, 

this day  of  .* A.  D.  19.. 

(Seal.)  

Clerk  County  Court,  County,  Texas. 

By ,  Deputy. 

R.  S.  Art.  2573  (2492). 

1  *  • 

No.  346. 

WAIVER  OF  CITATION  AND  SELECTION  OF  GUARDIAN  BY  MINOR  OVER 

FOURTEEN. 

No Guardianship  of ,  a  Minor.      Application  for 

Guardianship  in  County  Court  of County,  Texas. 

And  now  comes ,  the  minor  mentioned  in  the  applica- 
tion for  guardianship,  being  over  fourteen  years  of  age,  and  waives  the 

issuance  of  citation  by  personal  service,  and  makes  choice  of , 

as  guardian  of  his  person  and  estate. 


R.  S.  Art.  2573  (2492). 


256  TEXAS  CIVIL  FORM  BOOK. 

No.  347. 

ORDER  APPOINTING  GUARDIAN  FOR  MINOR  UNDER  FOURTEEN  YEARS 

OF  AGE. 

Xo Guardianship  of ,  a  Minor.     In  County  Court 

of County,  Texas, Term,  A.  D.  19 .. 

On  this  the  ....  day  of ,  A.  D.  19.  .,  came  on  to  be  heard  the 

application  of ,  for  letters  of  guardianship  on  the  person 

and  estate  of ,  a  minor,  under  fourteen  years  of  age;  and 

it  appearing  to  the  court  that  due  notice  of  said  application. has  been 
given,  and  that  said  minor  has  no  lawful  guardian  of  his  person  or 

estate,  and  that  the  said is  qualified  to  receive  letters  of 

guardianship : 

It  is  therefore  ordered  by  the  court  that  the  said be  and 

is  hereby  appointed  guardian  of  the  person  and  estate  of  the  said 
,  and  that  letters  of  guardianship  issue  to  him  on  his  giv- 
ing bond  in  the  sum  of dollars  (double  the  estimated  value  of  the 

property),  payable  and  conditioned  as  required  by  law,  and  taking  the 
oath  within  twenty  days. 

It  is  further  ordered  by  the  court  that ,  

and be  and  are  hereb}r  appointed  appraisers  to  make  due 

appraisement  of  said  estate,  and  make  due  return  of  same  to  this  court. 

R.  S.  Art.  2590   (2509). 


No.  348. 

GUARDIAN'S  BOND. 

The  State  of  Texas,  County  of In  County  Court,   

County,  Texas. 

Know  all  men  by  these  presents,  that  we, ,  as  principal, 

and and and ,  as  sureties,  are 

held  and  firmly  bound  unto ,  county  judge  of  the 

county  of  .  . . ,  and  his  successors  in  office,  in  the  sum  of 

dollars,  conditioned  that  the  above  bound , 

who  has  been  appointed  by  the  County  Court  of County,  guard- 
ian of  the  person  and  estate  of ,  a  minor,  will  faithfully 

discharge  the  duties  of  guardian  of  the  person  and  estate  of  the  said 
minor  according  to  law. 

Witness  our  signatures  this  ....  day  of ,  A.  D.  19.  . 


R.  S.  Art.  2GOO  (2519). 
Approved  this  ....  day  of  .....  .,  A.  D.  19.  . 


County  Judge, County,  Texas. 


TEXAS  CIVIL  FORM  BOOK.  25? 

The  State  of  Texas,  County  of 

1,   ,  do  solemnly  swear  that  I  will  faithfully  discharge 

the  duties  of  guardian  of  the  person  and  estate  of ,  a  minor, 

according  to  law. 

[Signed  ]    

Guardian. 

Sworn  to  and  subscribed  before  me,  this  .  .  .  day  of ,  A.  D.  19. . 


R.  S.  Art.  2598   (2517). 

Bond  of  the  person  and  estate  or  estate  must  be  double  the  estimated 
value  of  the  estate.  Bond  of  the  person,  amount  fixed  by  the  court  not 
exceeding  $1,000. 

Art.  2601   (1879).     Surety  companies  amended  by  26th  Leg.  (1899),  p.  229. 


No.  349. 
INVENTORY  AND  APPRAISEMENT. 

No Guardianship  of ,  a  Minor.     In  County  Court 

of County,  Texas,   Term,  A.  D.  19. . 

And  now  comes ,  guardian  of  the  person  and  estate  of 

,  a  minor,  and  returns  to  the  court  an  inventory  of  all 

the  property,  real  and  personal,  belonging  to  the  estate  of  his  said  ward 
that  has  come  to  his  knowledge,  which  he  has  caused  to  be  appraised. 
And  he  also  attaches  hereto  a  list  of  the  claims  due  and  to  become  due 
to  said  estate. 

INVENTORY  AND  APPRAISEMENT. 

REAL  ESTATE. 

acres  of  land,  situated  in County,  Texas, 

survey,  appraised  at  $  ....  per  acre $ 


PERSONAL  ESTATE 

head  of  cattle,  valued  at  $  ....  per  head $ 

head  of  horses,  valued  at  $  ....  per  head $ 

Lot  of  household  furniture,  valued  at  $...., .  $ 

Etc.,  etc. 

The  State  of  Texas,  County  of 

Before  me,   the  undersigned   authority,  on   this  day  personally  ap- 
peared   ,  and ,  who,  being  by 

Form  Book  —  17. 


258  TEXAS  CIVIL  FORM  BOOK. 

me  duly  sworn,  states  on  oath  that  the  foregoing  is  a  true  and  correct 

appraisement  of  the  property  belonging  to  the  estate  of , 

a  minor,  according  to  the  best  of  their  information  and  belief. 


Sworn  to  and  subscribed  before  me,  this  .  . .  day  of ,  A.  D.  19. . 

(Seal.)  

R.  S.  Art.  2612  (2531). 

LIST  OF  CLAIMS. 

,  note,  dated  ....  day  of ,  A.  D.  19 .  .,  due 

day  of ,  A.  D.  19.  .,  for  the  sum  of  $.  = , 

with  10  per  cent  interest  from  date $ 

,  account  dated  ....  day  of ,  A.  D.  19 .  . ,  due 

day  of ,  A.  D.  19 $ 

I, ,  guardian  of  the  estate  of ,  do  solemnly 

swear  that  the  inventory  and  list  of  claims  annexed  hereto  are  a  true 
and  perfect  inventory  and  list  of  all  the  property,  real  and  personal, 
belonging  to  said  estate  that  has  come  to  my  knowledge. 


Sworn  to  and  subscribed  before  me,  this  .  . .  day  of ,  A.  D.  19. . 

(Seal.) 
R.  S.  Art.  2613  (2532). 

Must  be  made  and  returned  to  the  court  within  thirty  days  after 
guardian  has  taken  the  oath  and  bond. 
R.  S.  Art.  2612  (2531). 


No.  350. 

FORM   OF  ORDER  APPROVING  INVENTORY,  APPRAISEMENT  AND   LIST 

OF  CLAIMS. 

Xo Guardianship  of ,  a  Minor.     In  County  Court 

of .  County,   Texas,    Term,  A.  D.  19. . 

This  the  ....  day  of ,  A.  D.  19.  .,  came  on  to  be  considered 

the  report  of  the  inventory,  appraisement  and  list  of  claims  of  the  estate 

of ,  a  minor,  made  by , and 

who  have  heretofore  been  appointed  by  the  court  to 

appraise  said  estate,  and  the  court  having  examined  the  same,  it  is 
ordered  by  the  court  that  said  report  be  and  it  is  hereby  in  all  respects 
approved. 


County  Judge  of County,  Texas. 


TEXAS  CIVIL  FORM  BOOK.  259 

No.  351. 

FORM  OF  AFFIDAVIT  OF  CLAIMANT. 

The  State  of  Texas,  County  of 

Before  me,  the  undersigned  authority,  on  this  day  personally   ap- 
peared   ,  owner  of  the  above  and  foregoing  claim,  who, 

having  been  by  me  duly  sworn,  on  his  oath  says  that  the  said  claim  is 
just,  and  that  nothing  has  been  paid  or  delivered  toward  the  satisfac- 
tion of  such  claim  except  what  is  mentioned  or  credited  (if  any)  ;  that 
there  are  no  counterclaims  known  to  the  affiant  which  have  not  been 
allowed,  and  that  the  sum  claimed  is  justly  due. 


Subscribed  and  sworn  to  before  me,  this  . .  .  day  of ,  A.  D.  19.  . 

(Seal.)  '   

R.  S.  Art.  2704   (2622). 


No.  352. 

FORM  OF  AFFIDAVIT  BY  OFFICER  OF  CORPORATION,  EXECUTOR,  ETC. 

The  State  of  Texas,  County  of 

Before  me,  the  undersigned  authority,  on  this  day   personally  ap- 
peared    (here  state  capacity  of  affiant),  who,  having  been 

by  me  duly  sworn,  on  his  oath  says  that  he  has  made  diligent  inquiry 
and  examination,  and  that  he  does  verily  believe  that  nothing  has  been 
paid  and  delivered  toward  the  satisfaction  of  such  claim,  except  the 
amount  credited  (if  any)  ;  that  there  are  no  counterclaims  which  have 
not  been  allowed,  and  that  the  sum  claimed  is  justly  due. 


Subscribed  and  sworn  to  before  me.  this  the   ....   dny  of 
A.  D.  19. . 
(Seal.)  

R.  S.  Art.  2707    (2625). 


No.  353. 
ALLOWANCE  OR  REJECTION  OF  CLAIM. 

The  State  of  Texas,  County  of 

I,   ,  guardian  of  the  estate  of a  minor, 

finding  upon  an  examination  of  the  within  claim  (or  of  the  foregoing 
claim  annexed  hereto,  as  the  case  may  be,  describing  the  same)  pre- 
sented to  me  on  the  ....  day  of ,  A.  D.  19 . . ,  by , 

as  a  claim  against  said  estate,  that  it  is  duly  authenticated,  and  be- 


260  TEXAS  CIVIL  FORM  BOOK. 

lieving  from  the  facts  relating  thereto,  that  it  is  just  and  owing  (or 
that  is  not  just  or  owing,  as  the  case  may  be),  do  hereby  allow  the  same 
(or  reject  the  same,  as  the  case  may  be)  as  a  valfd  claim  for  the  full 
amount  thereof. 


Guardian. 
R.  S.  Art.  2709  (2627). 

When  a  claim  or  any  part  thereof  has  been  rejected  by  the  guardian, 
suit  should  be  instituted  within  ninety  days  thereafter  to  establish  the 
same. 

R.  S.  Art.  2711  (2629). 

After  claim  has  been  presented  and  allowed,  claimant  shall  present  it 
to  the  clerk  of  the  court  in  which  the  guardianship  is  pending,  who 
shall  enter  it  upon  the  claim  docket. 

R.  S.  Art.  2713   (2631). 


No.  354. 
APPROVAL  OF  CLAIM. 

The  State  of  Texas,  County  of 

I,  ,  judge  of  the  county  court  of  said  county,  finding, 

upon  the  examination  of  the  foregoing  claim  (here  describe  the  claim, 
giving  amount,  date,  etc.),  that  it  has  been  duly  authenticated,  as  re- 
quired by  law,  and  allowed  by ,  guardian  of  the  estate  of 

,  a  minor,  as  a  valid  claim  against  the  estate  of  said  minor, 

in  favor  of ,  and  perceiving  no  error  therein,  do  hereby 

approve  the  allowance,  made  as  aforesaid,  classing  said  claim  as  number 
,  this  the day  of ,  A.  D.  19. . 


Judge  of  County  Court,  County,  Texas. 

R.  S.  Art.  2714   (2632). 

The  order  of  approval  or  disapproval  of  a  claim  has  the  force  and 
effect  of  a  judgment. 
R.  S.  Art.  2717  (2635). 

The  approval  or  disapproval  of  the  claim  by  the  court  may  be  ap- 
pealed from  by  the  claimant  or  any  person  interested  in  a  ward,  to  the 
district  court  of  said  county,  as  in  the  case  of  any  other  judgment. 

R.  S.  Art.  2718  (2636). 


TEXAS  CIVIL  FORM  BOOK.  261 

No.  355. 

ORDER  ESTABLISHING  CLAIM. 

No Guardianship  of ,  a  Minor.    In  County  Court 

of County,  Texas,   Term,  A.  D.  19 .. 

On  this  the  ....  day  of ,  A.  D.  19. .,  came  on  for  examination 

the  claim  of  . ,  against  the  estate  of  the  said  minor,  for  the 

sum  of dollars,  with  interest  from  the  ....  day  of , 

A.  D.  19. .,  at  the  rate  of  ....  per  cent  per  annum.    And  it  appearin'g 

to  the  court  that  the  said  claim  has  been  accepted  by ,  the 

guardian  of  said  minor,  and  that  the  same  is  just,  it  is  ordered  that  the 

said  claim  be  and  is  approved  for  the  sum  of dollars,  with  interest 

from  this  date  at  the  rate  of  ....  per  cent  per  annum. 

R.  S.  Art.  2714  (2632). 


No.  356. 

APPLICATION  FOR  PAYMENT  OF  CLAIM. 

No Guardianship  of .».,  a  Minor.     In  County  Court 

of County,  Texas, Term,  A.  D.  19 .. 

Now  comes and  respectfully  shows  to  the  court  that  he 

is  the  owner  and  holder  of  a  claim  against  the  estate  of , 

a  minor,  for  the  sum  of dollars,  established  on  the  ....  day  of 

,  A.  D.  19. .,  by  an  order  of  this  court,  and  bears  interest  from 

said  date  at  the  rate  of  ....  per  cent  per  annum. 

That ,  the  guardian  of  said  minor,  has  funds  in  his 

hands  sufficient  to  pay  off  said  claim,  but  he  refuses  so  to  do. 

Wherefore  he  asks  for  an  order  of  the  court  requiring  said 

to  pay  his  said  claim. 


R.  S.  Art.  2731  (2649). 


No.  357. 

ORDER  REQUIRING  GUARDIAN  TO  PAY  CLAIM. 

No Guardianship  of a  Minor.     In  County  Court 

of County,  Texas,   Term,  A.  D.  19.  .  ' 

On  this  the  ....  day  of ,  A.  D.  19.  .,  came  on  to  be  heard  the 

application  of ,  to  require ,  the  guardian  of 

said ,  a  minor,  to  pay  his  claims ;  and  it  appearing  to  the 

court  that  the  said is  the  owner  and  holder  of  an  estab- 
lished claim  for  the  sum  of dollars  with  interest  from  the  .... 

day  of ,  A.  D.  19 .  . ,  at  the  rate  of  ....  per  cent  per  annum ;  "and 


262  TEXAS  CIVIL  FORM  BOOK. 

it  further  appearing  that  there  is  in  the  hands  of  the  said , 

guardian  as  aforesaid,  funds  sufficient  to  pay  off  said  claim,  it  is  ordered 
that  the  said ,  guardian  as  aforesaid,  do  pay  off  and  dis- 
charge the  said  claim  of out  of  the  funds  in  his  hands. 

R.  S.  Art.  2731  (2649). 


No.  358. 

AFFIDAVIT  OF  DEMAND  AND  REFUSAL. 
Xo.   ....      Guardianship  of   ,  a  Minor. 

Before  me,  the  undersigned  authority,  on  this  day  came , 

who,  being  by  me  duly  sworn,  states  that  on  the  ....  day  of , 

A.  D.  19..,  he  made  due  demand  of  ,  guardian  of 

,  a  minor,  for  the  payment  of  his  claim  against  the  estate 

of  said  minor,  which  the  said was  ordered  by  the  court,  on 

the  ....  day  of ,  A.  D.  19 .  .,  to  pay,  to  wit,  the  sum  of 

dollars,  with  . .  .  per  cent  interest  from  the  ....  day  of ,  A.  D. 

19. .;  and  that  the  said refused  to  pay  the  same,  and 

still  refuses  and  neglects  so  to  do. 

Wherefore  affiant  asks  for  an  execution  against  the  property  of  the 
said  .  .  therefor. 


Sworn  to  and  subscribed  before  me,  this ....  day  of ,  A.  D.  19 .. 

(Seal.)  

R.  S.  Art.  2732  (2650). 

Upon  the  filing  of  above  affidavit  the  clerk  shall  issue  an  execution 
against  the  property  of  said  guardian  for  the  amount  ordered  paid 
claimant. 


No.  359. 
APPLICATION  TO  INVEST  MONEY. 

No.   ....     Guardianship  of  .  .N ,  a  Minor.     In  County  Court 

of County,  Texas, Term,  A.  D.  19 .  . 

To  the  Honorable ,  Judge  of  said  Court: 

Xow  comes ,  guardian  of  the  person  and  estate  of 

,  a  minor,  and  respectfully  shows  the  court  that  there  is 

in  his  hands dollars  in  money  belonging  to  said  ward  beyond 

what  is  necessary  for  the  education  and  maintenance  of  said  ward,  and 
would  further  show  that  he  has  an  opportunity  of  investing  said  funds 
in  the  bonds  of  the  United  States,  etc.  (here  describe  the  bonds  or  the 
nature  of  the  investment.  Said  funds  under  the  order  of  the  court  may 


TEXAS  CIVIL  FORM  BOOK.  263 

be  invested  in  the  bonds  of  the  United  States  or  of  the  State  of  Texas, 
or  may  be  loaned  for  the  highest  rate  of  interest  that  can  be  obtained 
therefor). 

Wherefore  he  asks  the  court  that  he  may  be  authorized  to  make  such 
investment. 


Guardian. 

R.  8.  Art.  2639   (2558). 

Note  and  mortgage  shall  be  given  for  money  loaned. 
R.  S.  Art.  2640  (2559). 

Application  may  also  be  made  by  the  guardian  for  the  investment  of 
the  surplus  money  of  the  ward  in  real  estate. 
R.  S.  Art.  2641    (2560). 


No.  360. 
FORM  OF  ORDER  AUTHORIZING  INVESTMENT  IN  REAL  ESTATE. 

No Guardianship  of ,  a  Minor.     In  County  Court 

of County,  Texas, Term,  A.  D.  19 . . 

On  this  the  ....  day  of ,  A.  D.  19.  .,  came  on  to  be  heard  the 

application  of ,  guardian  of  the  estate  of , 

a  minor,  for  an  order  authorizing  him  to  invest  surplus  money  of  the 
said  minor  on  hand  in  real  estate;  and  it  appearing  to  the  court  that 
due  notice  thereof  has  been  given  as  required  by  law,  and  as  the  court 
is  satisfied  that  the  investment  will  be  beneficial  to  said  minor,  it  is 

therefore  ordered  that  ,  guardian  as  aforesaid,  be  and  he 

is  hereby  authorized  to  invest  any  surplus  money  of  said  minor  on  hand 
in  the  following  described  tract  or  parcel  of  land,  to  wit  (here  describe 
the  land),  on  the  following  terms,  to  wit  (giving  such  directions  as  the 
court  may  think  it  advisable  to  make). 

R.  S.  Art.  2643  (2562). 

Contract  made  under  order  of  the  court  for  the  investment  of  money 
in  real  estate  shall  be  reported  in  writing  to  the  court  and  approved  by 

the  court. 

R.  S.  Art.  2644  (2563). 


264  TEXAS  CIVIL  FORM  BOOK. 

No.  361. 

FORM  OF  ORDER  CONFIRMING  CONTRACT  OF  INVESTMENT  OF  MONEY 

IN  REAL  ESTATE. 

No Guardianship  of ,  a  Minor.     In  County  Court 

of County,  Texas, Term,  A.  D.  19 .  . 

On  this  the  ....  day  of ,  A.  D.  19.  .,  came  on  to  be  heard  in 

the  guardianship  of ,  a  minor,  the  report  of , 

guardian  of  said  minor,  of  investment  of dollars,  money  of  said 

minor,  in  the  following  described  tract  or  parcel  of  land,  to  wit:  (here 
describe  the  land),  on  the  following  terms,  to  wit:  (here  give  the  terms 
and  conditions  of  the -investment),  in  obedience  to  the  order  of  this 
court  made  on  the  ....  day  of  ...  ...  .,  A.  D.  19.  .,  at  a  regular  term 

of  court,  and  duly  entered  upon  the  minutes  of  this  court  as  required 
by  law;  and  the  court  having  inquired  fully  into  the  same,  and  being 
satisfied  that  the  investment  will  benefit  the  estate  of  said  minor, 

,  and  that  the  title  of  the  said  real  estate  is  valid  and  un- 

incumbered,  it  is  therefore  ordered,  adjudged  and  decreed  by  the  court 
that  said  report  of  contract  of  investment  be  and  the  same  is  hereby 

in  all  respects  approved  and  confirmed,  and  that  the  said , 

guardian  of  the  estate  of  .  . .  ., ,  a  minor,  as  aforesaid,  be  and 

he  is  hereby  authorized  to  pay  the  said  sum  of  money  belonging  to  the 

estate  of  said  minor  to ,  upon  his  compliance  with  the 

terms  of  said  contract  of  investment,  and  after  this  order  has  been 
entered  upon  the  minutes  of  this  court. 
R.  S.  Art.  2644   (2563). 

Title  to  said  real  estate  shall  be  made  to  said  ward,  and  such  real 
estate  shall  be  inventoried,  appraised,  managed  and  accounted  for  by 
the  guardian  as  other  real  estate  of  the  ward. 

R.  S.  Art.  2645   (2564). 


No.  362. 

APPLICATION  FOR  SALE  OF  PERSONAL  PROPERTY. 

S"o Guardianship  of ,  a  Minor.     In  County  Court 

of County,  Texas, Term,  A.  D.  19.  . 

To  the  Honorable ,  Judge  of  said  Court: 

Now  comes ,  guardian   of  the  person  and   estate   of 

,  a  minor,  and  respectfully  shows  to  the  court  that  the 

following  personal  property  on  hand  belonging  to  said  estate  is  liable 
to  perish,  waste  or  deteriorate  in  value  (or  that  it  will  be  an  expense  or 

disadvantage  to  the  estate  to  keep  the  same  on  hand),  to  wit : 

(here  describe  the  property). 


TEXAS  CIVIL  FORM  BOOK.  265 

Wherefore  the  guardian  asks  for  an  order  of  the  court  requiring  him 
to  sell  said  property  at  public  or  private  sale  for  cash,  or  on  credit  not 
exceeding  six  months,  as  he  may  deem  most  to  the  advantage  of  said 
estate. 


Guardian. 

R.  S.  Art.  2651    (2570). 


No.  363. 
APPLICATION  FOR  SALE  OF  STOCK  ON  THE  RANGE. 

No Guardianship  of ,  a  Minor.     In  County  Court 

of . County,  Texas, Term,  A.  D.  19 . . 

To  the  Honorable ,  Judge  of  said  Court : 

Now  comes ,  guardian  of  the  person  and  estate  of 

,  a  minor,  and  respectfully  represents  to  the  court  that 

there  are  about head  of  cattle  belonging  to  said  estate  running 

in (here  give  the  location),  which  he  is  unable  to  collect  or 

command. 

Wherefore  he  asks  that  the  same  be  sold  at  public  auction  on  a  credit 
of  twelve  months,  secured  as  the  law-  requires. 


Sworn  to  and  subscribed  before  me,  this  .  .  .  day  of  .....  ,  A.  D.  19.  . 

(Seal.)  ................ 

R.  S.  Art.  2652  (2571). 


No.  364. 
APPLICATION  FOR  SALE  BY  OWNER  OF  CLAIM. 

No  .....     Guardianship  of  ............  ,  a  Minor.    In  County  Court 

of  .........  County,  Texas,  .......  Term,  A.  D.  19  .  . 

To  the  Honorable  ............  ,  Judge  of  said  Court  : 

Now  comes  ..................  ,  who  is  a  resident  of  the  county  of 

........  ,  complaining  of  ............  ,  guardian  of  the  person  and 

estate  of  ............  ,  a  minor,  and  respectfully  shows  to  the  court 

that  your  petitioner  is  the  owner  and  holder  of  a  claim  against  the  said 
minor's  estate  for  the  sum  of  ......  dollars,  which  said  claim  has  been 

duly   established  and  approved   by  an  order  of  the  court  made  and 
entered  on  the  ....  day  of  ......  ,  19.  .,  and  bears  interest  from  said 

date  at  the  rate  of  ....  per  cent  per  annum. 

That  it  appears  that  there  are  no  funds  in  the  hands  of  said  guardian 
sufficient  for  the  payment  of  said  claim  and  there  is  no  personal  prop- 
erty belonging  to  said  estate  unsold. 


266  TEXAS  CIVIL  FORM  BOOK. 

Wherefore  your  petitioner  asks  that  citation  issue  as  required  by  law 
to  all  persons  interested,  and  that  said  guardian  be  cited  to  appear  and 
show  cause  why  an  order  should  not  be  made  requiring  him  to  sell  real 
estate  for  the  payment  of  said  claim,  and  to  present  to  the  court  an 
exhibit  under  oath  showing  fully  the  condition  of  said  estate. 


R.  8.  Art.  2653   (2572). 


No.  365. 

APPLICATION  FOR  SALE  OF  REAL  ESTATE  BY  GUARDIAN. 

No Guardianship  of ,  a  Minor.     In  County  Court 

of County,  Texas, Term,  A.  D.  19 .. 

To  the  Honorable ,  Judge  of  the  County  Court  of 

County,  Texas: 

This,  the  application  of ,  guardian  of  the  person  and 

estate  of ,  a  minor,  would  respectfully  show  that  it  is 

necessary  to  sell  a  portion  of  the  real  estate  of  said  ward  for  the  educa- 
tion and  maintenance  of  said  ward  (or  for  the  payment  of  the  debts 
against  said  estate),  for  this:  that  all  of  the  personal  property  belong- 
ing to  said  estate  has  been  sold,  and  the  proceeds  of  the  sale  thereof  and 
of  previous  sales  of  land  are  insufficient  therefor,  and  he  refers  to 
the  sworn  exhibit  hereto  attached  and  made  a  part  of  this  application 
to  show  more  fully  the  necessity  for  said  sale. 

Your  applicant  would  further  show  that  it  would  be  more  advanta- 
geous to  the  estate  of  said  ward  to  sell  the  following  described  real 

estate,  to  wit : ;  and  further,  that  sale  should  be  made  at 

private  sale,  partly  for  cash  and  partly  on  a  credit. 

Wherefore  he  asks  that  citation  issue  as  required  by  law,  and  for  an 
order  authorizing  him  to  make  sale  of  the  above  described  land,  and 
that  all  further  and  necessary  orders  be  made  in  the  premises. 


R.  S.  Art.  2654  (2573). 

Citation  shall  be  issued  and  posted  for  at  least  twenty  days  before  the 
first  day  of  the  term  to  which  same  is  returnable. 
R.  S.  Art.  2656   (2575). 


TEXAS  CIVIL  FOHM  BOOK.  267 

No.  366. 

FORM  OF  EXHIBIT  ACCOMPANYING  APPLICATION  FOR    SALE  OF  REAL 

ESTATE. 

No Guardianship  of   ,  a  Minor.     In  County  Court   . 

of County,  Texas, Terra,  A.  D.  19. . 

Statement  of  the  condition  of  the  estate  of ,  a  minor, 

by ,  guardian : 

MONEY    RECEIVED   SINCE   APPOINTMENT   OF   GUARDIAN. 

Date.-  On  What  Account  Received.  Amount. 

,  19 ..     To  proceeds  of acres  of  land  sold 

to ,    $ 

,  19 . .     To  rents  on  said  land  for  year  19  . .,  ....  $ 

,  19 . .     To  proceeds  ....  head  of  horses  sold $ 


Total  receipts  $ 

MONEY  EXPENDED  SINCE  APPOINTMENT  OF  GUARDIAN. 

Date.                            On  What  Account  Expended.  Amount. 

,  19 ..  By  costs  of  court,   ,  Vou.  1 . .  $ 

,  19 ..  By  attorney's  fees $ 

,  19 .  .  By  allowance  for  support  of  said  minor  ...  $ 


Total  expenditures  .  .    . 
By  balance  on  hand  .  .  . 


CLAIMS   ALLOWED  AND   UNPAID. 

Note  for  $ ,  in  favor  of ,  for , 

dated  ....  day  of ,  A.  D.  19 . .,  allowed  ....  day  of 

,  A.  D.  19 .  .,  with  ....  per  cent  interest  from  date. 


CLAIMS  REJECTED. 


(Here  describe  claim ) $ 

Not  sued  on. 

CONDITION    OF    SAID    ESTATE. 

Balance  in  money  on  hand $ 

Note ,  dated  ....  day  of ,  A.  D.  19. .,  due  ...  .1 

day  of ,  A.  D.  19. .,  with  ...  per  cent  interest  from 

date $ 

The  farm  of  ward,  consisting  of acres,  and  is  now 

rented  for $, 

(Here  state  such  other  facts  that  may  be  necessary,  showing  fully  the 

condition  of  said  estate.) 


268  TEXAS  CIVIL  FORM  BOOK. 

TKe  State  of  Texas,  County  of 

Before  me,  the  undersigned  authority,  on  this   day  personally  ap- 
peared   .,  guardian  of  the  estate  of ,  a  minor, 

who,  being  by  me  duly  sworn,  states  on  oath  that  the  above  and  fore- 
going instrument  in  writing  is  a  true  and  correct  exhibit  showing  fully 
the  condition  of  said  estate. 


Subscribed  and  sworn  to  before  me,  this  the day  of 

A.  D.  19 .. 

(Seal.)  

R.  S.  Art.  2654  (2573). 


No.  367. 

CITATION  ON  APPLICATION  TO  SELL  REAL  ESTATE. 

The  State  of  Texas.     To  the  Sheriff  or  any  Constable  of  .  . .- 

County  —  Greeting : 

You  are  hereby  commanded  to  cause  to  be  posted,  for  twenty  days, 
exclusive  of  the  day  of  posting,  before  the  return  day  hereof,  in  three 

of  the  most  public  places  in County,  one  of  which  shall  be  at 

the  courthouse  door,  and  no  two  of  which  shall  be  in  the  same  city  or 
town,  copies  of  the  following  citation: 

The  State  of  Texas,  County  of In  the  County  Court, 

Term,  A.  D.  19.  . 

To  all  persons  interested  in  the  welfare  of . .  .,  a  minor: 

Know  ye,  that ,  guardian  of  the estate  of 

,  a  minor,  having  on  the  ....  day  of ,  A.  D.  19. ., 

filed  in  the  County  Court  of  . County,  Texas,  his  application  to 

sell  the  following  described  land  belonging  to  said  minor,  lying,  being 
and  situate  in  the  county  of ,  State  of  Texas,  to  wit :  

Now  therefore  these  are  to  notify  you,  and  each  of  you,  who  are  in- 
terested in  the  welfare  of  said  minor,  to  be  and  personally  appear  at  the 
next  regular  term  of  the  honorable  county  court,  to  be  holden  thereof 

at  the   courthouse   in   the of ,   on   the  ....  Monday   in 

,  A.  D.  19.  .,  same  being  the  ....  day  of  said  month,  and  then 

and  there  to  show  cause  why  such  application  should  not  be  granted. 

Herein  fail  not,  but  of  this  writ  make  due  return,  showing  how  you 
have  executed  the  same. 

Witness  my  hand  and  official  seal  this  ....  day  of ,  A.  D.  19.  . 

(Seal.)  

Clerk  County  Court, County,  Texas. 

By ,  Deputv. 

R.  S.  Art.  2656  (2575). 


TEXAS  CIVIL  FORM  BOOK.  269 

No.  368. 
SHERIFF'S  RETURN   ON   ABOVE   CITATION. 

Came  to  hand  on  the  ....  day  of ,  A.  D.  19.  .,  at  .  .  .  .  o'clock 

.  .  m.,  and  executed  on  the  ....  day  of ,  A.  D.  19. .,  by  post- 
ing a  copy  of  the  within  citation  at  three  of  the  most  public  places  in 

the  county  of ,  one  of  which  was  at  the  courthouse  door  of  said 

count}',  another  at ,  and  another  at ,  no  two^of  which 

places  are  in  the  same  city  or  town.     The  distance  actually  traveled  in 
the  execution  of  such  process  is  miles. 


Sheriff  of County,  Texas. 

By  ,  Deputy. 

Fees :  Posting  citations,  $ ;  mileage  ....  miles,  $ Total, 


Said  notices  shall  be  posted  at  least  twenty  days  before  the  first  day 
of  the  term  of  the  court  to  which  such  citation  is  made  returnable. 
R.  S.  Art.  2556  (2575). 


No.  369. 

ORDER  OF  SALE. 

Xo Guardianship  of ,  a  Minor.     In  County  Court 

of County, day  of ,  A.  D.  19.  . 

This  day  came  on  to  be  heard  in  the  guardianship  of , 

a  minor,  the  application  of ,  guardian  of  the  person  and 

estate  of  said  minor,  for  the  sale  of  real  estate  belonging  to  the  said 
minor;  and  it  appearing  to  the  court  that  due  notice  of  said  application 
has  been  given  as  required  by  law,  and  that  it  is  more  advantageous  to 
said  estate  to  sell  the  land  mentioned  in  said  application,  to  wit:  (here 
describe  the  land)  ;  and  it  further  appearing  to  the  court  that  said  land 
ought  to  be  sold  for  one-half  cash  (or,  for  cash)  and  the  balance  on  a 
credit  of  twelve  months,  at  private  sale,  and  that  it  is  necessary  that  the 
same  should  be  sold  for  the  support  and  maintenance  of  said  ward : 

It  is  therefore  ordered,  adjudged  and  decreed  by  the  court  that  the 

said  ,  guardian  as  aforesaid,  sell  the  above  described  tract 

of  land  at  private  sale  for  one-half  cash  (or,  cash,  as  the  case  may  be) 
and  the  balance  on  a  credit  of  twelve  months,  secured  as  the  law  directs, 
and  that  he  make  due  report  of  said  sale  at  the  present  term  of  this 
court  in  accordance  with  law. 

R.  S.  Art.  2660  (2579). 


270  TEXAS  CIVIL  FORM  BOOK. 

No.  370. 
FORM  OF  NOTICE  OF  SALE  BY  GUARDIAN. 

No Guardianship  of ,  a  Minor.     In  County  Court 

of County,  Texas,  ....  day  of ,  A.  D.  19 . . 

Notice  is  hereby  given  that  I,  ,  guardian  of  the  estate 

of ,  a  minor,  will,  on  the  ....  day  of ,  A.  D.  19 . ., 

being  the  first  Tuesday  of  said  month,  at  ,  in  the  county  of 

,  State  of  Texas,  sell  at  public  auction  to  the  highest  bidder 

the  following  described  tract  or  parcel  of  land  belonging  to  said  estate, 
to  wit:  (here  describe  the  land).  The  terms  on  which  I  will  sell  said 
above  described  land  as  follows,  to  wit:  (here  give  the  terms). 

Witness  mv  hand  this  the  .      .  dav  of  .  ,  A.  D.  19.  . 


Guardian  of  the  Estate  of ,  a  Minor. 

R.  S.  Art.  2666   (2585). 

Guardians'  sales  governed  by  same  rules  as  execution  sales. 
R.  S.  Art.  2666  (2585). 

Notice  of  private  sale  not  required. 
R.  S.  Art.  2667  (2586). 


No.  371. 

REPORT  OF  SALE. 

No "Guardianship  of ,  a  Minor.     In  County  Court 

of County,  Texas. day  of ,  A.  D.  19.  . 

To  the  Honorable ,  Judge  of  said  Court: 

Now  comes ,  guardian  of  the  said  minor, , 

and  respectfully  report  to  the  court,  that  in  obedience  to  an  order  of  this 

court  made  and  entered  in  said  guardianship  on  the  ....  day  of , 

A.  D.  19 . . ,  he  sold  (if  at  public  auction,  state :  at  public  vendue  on  the 

first  Tuesday  in ,  A.  D.  19 .  .,  being  the  ....  day  of ,  A.  D. 

19.  .,  at  the  courthouse  in  the  said  county  of ,  between  the  .hours 

prescribed  by  law ;  if  at  private  sale,  state :  at  private  sale  on  the  .... 

day  of ,  A.  D.  19.  .,  at ,  in  the  said  county  of .), 

the  said  tract  of  land  fully  described  in  said  order  of  court,  to  wit: 

(here  describe  the  land),  and  that .  became  th« 

purchaser  of  said  land  at  the  sum  of dollars  per  acre,  making  an 

aggregate  of dollars  for  the  entire  tract.     Said  land  was  sold  in 

obedience  to  said  order  of  court  made  on  the  ....  day  of ,  A.  D. 


TKXAS  CrviL  FORM  BOOK.  271 

19..,  as  aforesaid,  for  one-half  cash  and  the  balance  on  a  credit  of 
twelve  months;  and  the  purchaser  is  ready  to  comply  with  said  terms 
of  sale  whenever  the  same  shall  have  been  confirmed. 


Sworn  to  and  subscribed  before  me,  this  . .  .  day  of ,  A.  D.  19. . 

(Seal.)  

R.  S.  Art.  2673   (2591). 

Sale  shall  be  reported  in  thirty  days  [R.  S.  Art.  2672  (2590)],  and  may 
be  made  in  term  time  or  vacation. 
R.  S.  Art.   2674    (2592). 


No.  372. 

ORDER   CONFIRMING  SALE. 

No Guardianship  of ,  a  Minor.     In  County  Court 

of County,  Texas,   Term,  A.  D.  19 .. 

On  this  the  . . .  day  of ,  A.  D.  19. .,  came  on  to  be  heard  in  the 

guardianship  of ,  a  minor,  the  report  of , 

guardian  of  said  minor,  of  the  sale  of  the  tract  of  land  hereinafter  de- 
scribed, made  in  obedience  to  the  order  of  this  court  made  and  entered 

on  the  ....  day  of ,  A.  D.  19. .  And  it  appearing  to  the  court 

that  the  said  report  of  sale  has  been  filed  and  docketed  in  the  manner 
and  for  the  time  required  by  law;  and  it  further  appearing  upon  exam- 
ination that  the  said  sale  was  fairly  made,  and  in  conformity  with  law, 
and  that  said  land  brought  a  fair  price;  and  it  further  appearing  that 

became  the  purchaser  of  said  land  at  private  sale  for  the 

sum  of dollars,  payable  one-half  in  cash  and  the  balance  on  a 

credit  of  twelve  months  to  be  secured  as  the  law  directs;  that  said  sale 
ought  to  be  confirmed,  and  that  the  said  land  is  described  as  follows,  to 
vit :  (describe  the  land)  : 

It  is  therefore  ordered,  adjudged  and  decreed  by  the  court,  that  the 
said  sale  be  and  the  same  is  in  all  respects  approved  and  confirmed ;  and 
that  the  said  report  of  sale  be  recorded  by  the  clerk. 

And  it  is  further  ordered  that  the  said ,  guardian  as 

aforesaid,  make  a  proper  conveyance  of  the  said  land  to  the  said 
,  upon  liis  compliance  with  the  said  terms  of  sale. 

R.  S.  Art.  2675   (2593). 

Report  of  sale  may  be  acted  on  by  the  court  at  any  time  after  the 
expiration  of  five  days  from  the  filing  of  the  same. 

In  case  of  sale  of  personal  property  no  conveyance  is  necessary,  but 
the  decree  of  the  court  confirming  the  sale  shall  vest  the  right  and  title 
of  the  ward  to  the  property  sold  in  the  purchaser,  etc. 

R.   S.  Art.  2677    (2595). 


272  TEXAS  CIVIL  FORM  BOOK. 

No.  373. 

FORM  OF  DEED  BY  GUARDIAN. 

The  State  of  Texas,  County  of 

Whereas,  by  an  order  of  the  County  Court  of County, 

sitting  in  matters  of  probate,  made  at  the term,  A.  D.  19.  .,  of 

said  court,  directing  the  sale  of  the  tract  of  land  hereinafter  mentioned, 

belonging  to  the  estate  of ,  a  minor,  guardianship  of  which 

was  then  pending  in  said  court,  upon  an  application  for  an  order  to 
sell  land  belonging  to  said  estate  made  to  said  court  on  the  ....  day  of 

,  A.  D.  19.  .,  I, guardian  of  the  estate  of  said 

minor,  did,  on  the  ....  day  of ,  A.  D.  19.  .,  sell  at  private  sale 

at ,  in  the  said  county  of ,  the  said  tract  of  land  to 

,  for  the  sum  of  ......  dollars,  one-half  in  cash  and  the 

balance  on  a  credit  of  twelve  months  in  accordance  with  said  order  of 

court  made  on  the  ....  day  of ,  A.  D.  19.  .,  as  aforesaid.  And 

whereas  the  report  of  said  sale  having  been  made  to  said  court,  was, 

on  the day  of ,  A.  D.  19. .,  at  the ...  .term,  A.  D.  19.  ., 

of  said  court,  in  all  respects  approved  and  confirmed  by  the  decree  of 
said  court  as  follows  (here  recite  the  decree  of  confirmation)  : 

Now  therefore  in  consideration  of  the  premises  and  of  .  . . 

dollars  to  me  in  hand  paid  by ,  the  receipt  of  which  is 

hereby  acknowledged,  and  one  note  for dollars  payable  twelve 

months  after  date,  of  even  date  herewith,  bearing  ....  per  cent  interest 
per  annum  from  date,  and  providing  for  ten  per  cent  as  an  attorney's 
fee  for  collection,  payable  to  my  order  as  guardian  of  said  estate  and 

executed  by  the  said ,  to  secure  the  payment  of  which  a 

vendor's  lien  is  hereby  retained  on  the  premises  hereinafter  described, 
have  granted,  sold  and  conveyed,  and  by  these  presents  do  grant,  sell 

and  convey  unto  the  said .  . .  .,  of County,  in  the  State 

of  ,  all  that  certain  tract  or  parcel  of  land  situated  in  the 

county  of ,  and  State  of  Texas,  more  particularly  described  as 

follows,  to  wit:  (here  describe  the  premises). 

To  have  and  to  hold  the  above  described  premises,  together  with  all 
and  singular  the  rights  and  appurtenances  thereto  in  anywise  belonging 
unto  the  said ,  his  heirs  and  assigns  forever. 

Witness  my  hand  this  ....  day  of ,  A.  D.  19 .  . 


Guardian  of  the  Estate  of ,  a  Minor. 

R.  S.  Art.  2678  (2596). 


TEXAS  CIVIL  FORM  BOOK.  273 

No.  374. 
ACKNOWLEDGMENT  OF  GUARDIAN'S  DEED. 

The  State  of  Texas,  County  of 

Before  me,   ,  a  notary  public  in  and  for  the  county  of 

,  and  State  of  Texas,  on  this  day  personally  appeared 

. ,  known  to  me  (or  proved  to  me  on  the  oath  of ), 

to  be  the  person  whose  name  is  subscribed  to  the  foregoing  instrument, 
and  acknowledged  to  me  that  he  executed  the  same,  as  guardian  of  the 

estate  of   ,  a  minor,  for  the  purposes  and  consideration 

therein  expressed  and  in  the  capacity  therein  set  forth. 

Given  under  my  hand  and  seal  of  office  this  the  ....  day  of , 

A.  D.  19.. 

(Seal.)  

Notary  Public  in  and  for County.  Texas. 

R.  S.  Art.  2678   (2596). 


No.  375. 

FORM  OF  ANNUAL  ACCOUNT  OF  GUARDIAN. 

No Guardianship  of ,  a  Minor.     In  County  Court 

of County,  Texas, Term,  A.  D.  19 .. 

To  the  Honorable ,  Judge  of  said  Court : 

Now  comes ,  guardian  of  the  said  minor, , 

and  respectfully  presents  herewith  his  annual  account  with  the  estate 
of  said  ward  for  the  year  19 .  . 

1.  Property  not  previously  inventoried  or  listed: 

•a.  Real  estate. 

b.  Personal  estate. 

c.  Lists  of  claims. 

Note  of for  money  loaned,  dated  ....  day  of , 

A.  D.  19.  .,  for  the  sum  of  $ 

2.  Changes  in  property : 

d acres  of  land  in County,  Texas,  mentioned 

in  inventory,  was  sold  by  an  order  of  the  court  made   .... 

day  of ,  A.  D.  19. .,  for dollars,  which  will  be 

found  charged  as  receipts, 
e acres  of  land  for  which  suit  was  pending;  suit  finally 

decided  in  favor  of  ward. 

3.  Receipts  and  disbursements: 

,  guardian  of  ,  a  minor,  in  account  with 

said  ward. 

Form  Book  —  18. 


274  TEXAS  CIVIL  FORM  BOOK. 

TO  EECEIPTS. 

June  1st.     To  proceeds  of  land  sold  to 

July   1st.     To  interest  of   ,    


BY  DISBURSEMENTS. 

19.. 

August  1st.     By  costs  of  court,  Vou.  1 

August    2d.     By  attorney's  fees,  Vou.  2 

September  1st.     By  board  twelve  months,  Vou.  3 .  . 
September    2d.     By  loan  to   ,  Vou.  4 . 

Bv  balance  on  hand.  . 


To  balance  due  ward $ 

4.  Claims  allowed  and  unpaid : 

dollars  in  favor  of ,  attorney  fees  for  defending 

suit  for  land,  allowed   ....   day  of ,  A.  D.  19.  .,  with   ....  per 

cent  interest. 

5.  Claims  rejected: 

Order  of  ward  in  favor  of for  buggy  hire,  $ ,  not 

sued  on. 

6.  Money  and  property  on  hand  —  condition  and  use : 

f.  Balance  in  money  on  hand,  $ 

g.  Notes ,  dated  ....  day  of ,  A.  D.   19.  .,    ... 

per  cent  from  date,  $ 

h.  The  farm  of  ward,  which  is  in  good  condition  and  is  now 

rented  for  $ 

i.  The acres  of  land  in County  are  unimproved 

and  timber  is  being  destroyed. 

7.  Other  facts  to  show  the  true  and  exact  condition  of  the  estate. 
(Here  state  such  other  facts  as  may  be  necessary  to  show  the  true  and 
exact  condition  of  the  estate.) 

The  State  of  Texas,  County  of 

Before  me,  clerk  of  the  county  court  (or  notary  public,  as  the  case 

may  be),  of County,  Texas,  personally  came , 

guardian  of  the  person  and  estate  of ,  a  minor,  who,  being 

duly  sworn,  states  on  oath  that  the  foregoing  account  contains  a  correct 
and  complete  statement  of  the  matters  to  which  it  relates. 


Subscribed  and  sworn  to  before  me,  this  . .  .  day  of ,  A.  D.  19.  . 

(Seal.)  

Clerk  of  County  Court  (or  Notary  Public)   County,  Texas. 

R.  S.  Art.  2684   (2602). 


TEXAS  CIVIL  FORM  BOOK.  275 

The  guardian  of  an  estate  shall  annually  return  to  the  court  his  ac- 
count as  set  forth  in  above  article. 

The  guardian  of  the  person,  where  there  is  a  separate  guardian  of  the 
estate,  shall  annually  return  to  the  court  an  account,  supported  by  his 
affidavit,  showing  the  items  of  expenditure  since  the  last  account  for 
the  education  and  maintenance  of  the  ward. 

Art.  2683  (2601). 

FORM   OF   FINAL  ACCOUNT   OF  GUARDIAN. 

See  Form  No.  81  (under  Administration.) 
R.  S.  Art.  2765  (2683). 


No.  376. 

NOTICE  ON  ANNUAL  ACCOUNT  OF  GUARDIAN. 

The  State  of  Texas.    To  the  Sheriff  or  any  Constable  of 

County  —  Greeting : 

You  are  hereby  commanded  to  cause  to  be  posted  for  twenty  days, 
exclusive  of  the  day  of  posting,  before  the  return  day  hereof,  on  the 
courthouse  door  of  said  county,  a  copy  of  the  following  notice: 

The  State  of  Texas,  to  All  Persons  Interested  in  said  Minor : 

,  guardian  of  the  estate  of  said  minor,  , 

has  filed  in  the  county  court  of County,  Texas,  an  annual 

account  of  the  condition  of  the  estate  of  said  minor,  for  the  year  ending 

on  the  ....  day  of ,  A.  D.  19.  .,  which  will  be  heard  by  our  said 

county  court  on  the  ....  Monday  in ,  A.  D.  19. .,  the  same  being 

the  ....  day  of ,  A.  D.  19. .,  at  the  courthouse  of  said  county  in 

,  at  which  time  all  persons  interested  in  said  minor  may 

appear  and  contest  said  annual  account,  should  they  desire  to  do  so. 

Herein  fail  not,  but  have  you  before  said  court  on  the  said  first  day 
of  the  next  term  thereof,  this  writ,  with  your  return  thereon,  showing 
how  you  have  executed  the  same. 

Witness ,  Clerk  of  the  County  Court  of County. 

Given  under  my  hand  and  seal  of  said  court  at  office  in  , 

this  the day  of ,  A.  D.  19. . 


Clerk  County  Court, County,  Texas. 

By ,  Deputy. 

R.  R.  Art.  2686   (2604). 
Shall  be  posted  for  twenty  days  as  in  Form  No.  370. 


276  TEXAS  CIVIL  Fomr  BOOK. 

No.  377. 

ORDER  APPROVING  ANNUAL  ACCOUNT. 

No Guardianship  of ,  a  Minor.     In  County  Court  of 

County,  Texas, Term,  A.  D.  19 .. 

On  this  the  ....  day  of ,  A.  D.  19. .,  came  on  to  be  heard  for 

examination  the  annual  account  of ,  guardian  of  the  said 

,  a  minor;  and  it  appearing  to  the  court  that  due  notice 

has  been  given  of  the  filing  thereof,  and  that  the  same  has  been  con- 
tinued for  a  term  of  the  court  as  required  by  law ;  and  it  further  appear- 
ing upon  examination  that  the  said  account  is  correct  and  shows  a  true 

balance  due  said  ward  of dollars :  It  is  therefore  ordered  that  the 

said  account  be  and  is  hereby  approved,  and  the  same,  together  with  the 
accompanving  vouchers,  be  recorded  by  the  clerk. 

R.  S.  Art.  2688  (2606). 

When  an  annual  account  is  presented  it  shall  be  filed,  and  the  filing 
thereof  noted  in  the  case  upon  the  judge's  docket,  and  without  being 
acted  on  shall  be  continued  until  the  second  regular  term  of  the  court 
thereafter. 

Art.  2685   (2603). 


No.  378. 
FORM  OF  APPLICATION  TO  RESIGN  AS  GUARDIAN. 

No Guardianship  of .a  Minor.     In  County  Court  of 

County,  Texas,  this  ....  day  of ,  A.  D.  19 .  . 

Now  comes ,  guardian  of  the  estate  of  the  said  minor, 

,  and  states  to  the  court  that  he  wishes  to  resign  as  such 

guardian,  and  he  here  now  files  with  this  application  a  full  and  complete 

account  of  the  condition  of  the  estate  of  said  minor ,  and 

of  his  guardianship,  verified  by  affidavit  as  required  by  law. 


Guardian. 
R.  S.  Art.  2692  (2G10). 

Citation  shall  issue  to  all  persons  interested  in  such  guardianship, 
and  shall  be  published  once  a  week  for  three  successive  weeks  in  some 
newspaper  in  the  county,  if  there  be  one  regularly  printed  therein;  if 
not,  then  such  citation  shall  be  posted  for  at  least  twenty  days  before 
the  return  term  thereof. 
R.  S.  Art.  2694  (2612). 


TEXAS  CIVIL  FORM  BOOK.  277 

No.  379. 

FORM   OF  ACCOUNT  OF  GUARDIAN,  ACCOMPANYING  APPLICATION   TO 

RESIGN. 

No Guardianship  of ,  a  Minor.     In  County  Coutt  of 

County,  Texas,  this  ....  day  of ,  A.  D.  19 .. 

Hon ,  Judge  of  said  Court : 

,  guardian  of  the  said  minor, ,  would  re- 
spectfully present  herewith  a  full  and  complete  account  of  the  condition 
of  the  estate  of  said  minor  and  of  his  guardianship,  as  follows,  to  wit : 

MONEY  RECEIVED  SINCE  MY  APPOINTMENT. 

Date.  On  What  Account  Received.  Amount. 

,  19.  .  To  proceeds  of  ....  acres  of  land  sold  to.  ...  $ 

,  19. .     To  rents  on  said  land  for  year  19 ,  $ 

,  19.  .     To  proceeds  ....  head  of  horses  sold $ 


Total  receipts 


MONEY   EXPENDED  SINCE  MY  APPOINTMENT. 

Date.  On  What  Account  Expended.  Amount. 

,  19.  .     By  cost  of  court,  Vou.  1 $ 

,  19 .  .     By  attorney's  fees $ 

,  19.  .     By  allowance  for  support  of  said  minor $ 


Total  expenditures  .  , 
By  balance  on  hand, 


CLAIMS   ALLOWED  AND  UNPAID. 

Note  for  $ ,  in  favor  of ,  for ,  dated 

....    day  of    ,   19 .  . ,  allowed    ....    day  of    , 

19 .  . ,  with   ....   per  cent  interest 


CLAIMS  REJECTED. 

(Here  describe  claim) $ 

Not  sued  on. 

CONDITIONS  OF  THE  AFFAIRS  OF  THE  ESTATE. 

Balance  in  money  on  hand $ 

Note ,  dated  ....  day  of '..  A.  D.  19.  .,  due 

day  of 19 ...  with  ....  per  cent  interest  from $ 

The  farm  of  ward  consisting  of  acres,  and  is  now 

rented  for   $ 

(Here  state  such  other  facts  that  may  be  necessary  to  show  a  full  and 
exact  understanding  of  the  guardianship.) 


278  TEXAS  CIVIL  FORM  BOOK. 

The  State  of  Texas,  County  of 

Before  me,   the   undersigned  authority,  on   this   day   personally  ap- 
peared   ,  guardian  of  the  person  and  estate  of , 

a  minor,  who,  being  by  me  duly  sworn,  states  on  oath  that  the  above 
and  foregoing  account  contains  a  full  and  complete  statement  of  the 
matters  to  which  it  relates. 


Sworn    to   and    subscribed   before    me,   this   the  ....  day    of 
A.  D.  19.. 
(Seal.)  

R.  S.  Arts.  2695-2765  (2610-2683). 


No.  380. 
FORM  OF  ORDER  UPON  APPLICATION  AND  ACCOUNT  OF  GUARDIAN. 

No Guardianship  of ,  a  Minor.     In  County  Court  of 

County,  Texas,  ....  day  of ,  A.  D.  19 .. 

This  day  came  on  to  be  heard  the  application  of guard- 
ian of  the  estate  of .  .,  a  minor,  accompanied  by  an  account 

showing  the  condition  of  said  estate  and  guardianship  duly  verified  as 
required  by  law;  and  it  appearing  to  the  court  that  due  notice  thereof 
has  been  given  as  the  law  requires,  and  the  court  having  examined  said 
account,  and  heard  all  proof  that  was  offered  in  support  of  the  same, 
and  all  objections,  exceptions  and  proof  offered  against  the  same,  it  ap- 
pears to  the  court  that  he,  the  said ,  guardian  of  the  estate 

of  said  minor,  has  accounted  for  all  of  said  estate  according  to  law,  it 
is  therefore  ordered  that  said  account  be  and  it  is  hereby  in  all  respects 

approved,  and  he,  the  said ,  is  hereby  directed  to  deliver 

the  estate  of  the  said  minor,  .  . . ,  remaining  in  his  possession, 

to ,  who  is  qualified  by  law  to  receive  it. 


County  Judge  of .  County,  Texas. 

R.  S.  Art.  2695  (2613). 

The  above  form  can  be  varied  for  guardian  of  the  person,  or  person 
and  estate,  as  the  case  may  be. 


TEXAS  CIVIL  FORM  BOOK.  279 

No.  381. 
FORM  OF  ORDER  DISCHARGING  GUARDIAN. 

No Guardianship  of ,  a  Minor.     In  County  Court  of 

County,  Texas,   Term,  A.  D.  19 . ., 

this day  of ,  A.  D.  19.. 

It  appearing  to  the  court  that ,  guardian  of  the  estate 

of ,  a  minor,  has  delivered  the  estate  of  the  said  minor  in 

accordance  with  the  order  of  this  court  made  on  the  ....  day  of , 

A.  D.  19 .  .,  and  entered  upon  the  minutes  of  this  court,  to , 

and  has  produced  to  the  court  satisfactory  evidence  of  that  fact,  it  is 

therefore  ordered  that  the  resignation  of  him,  the  said , 

guardian  of  the  estate  of  said  minor,  be  and  it  is  here  now  accepted;  and 

it  is  also  ordered  that  he,  the  said ,  be  and  he  is  hereby 

discharged  from  the  guardianship  of  said  estate  as  guardian  thereof. 


County  Judge  of County,  Texas. 

R.  S.  Art.  2695    (2G13). 


No.  382. 
FORM  OF  ORDER  REMOVING  GUARDIAN. 

No Guardianship  of ,  a  Minor.     In  County  Court  of 

County,  Texas,   Term,  A.  D.  19. ., 

this day  of ,  A.  D.  19.. 

This  day  came  on  to  be  heard  the  motion  of ,  filed  in 

this  court  on  the  ....  day  of ,  A.  D.  19.  .,  for  the  removal  of 

from  the  guardianship  of  the  estate  (or  person,  or  person 

and  estate,  as  the  case  may  be)  of ,  a  minor;  and  it  ap- 
pearing to  the  court  that  due  notice  of  said  motion  has  been  given  as 
required  by  law;  and  it  appearing  to  the  court  that  he,  the  guardian  of 

the  said  estate  of ,  a  minor,  has  become  of  unsound  mind 

(or,  here  state  some  other  legal  cause),  it  is  therefore  ordered  by  the 

court  that  he,  the  said ,  guardian  as  aforesaid,  be  and  he 

is  hereby  removed  from  the  guardianship  of  the  estate  of  the  said 
.,  minor.  It  is  further  ordered  by  the  court  that  he  sur- 
render his  letters  of  guardianship  of  said  estate  to  this  court,  and  that 
he  account  for  all  the  property  of  every  kind  belonging  to  the  said  estate 
of ,  minor,  and  that  he  deliver  all  the  property  of  even- 
kind  belonging  to  the  estate  of  him,  the  said ,  minor,  at 

,  in  the  county  of ,  on  the  ....  day  of ,  A.  D. 

19..,  to ,  who  has  been  duly  appointed  guardian   of  the 

estate  of  him,  the  said ,  minor,  and  who  has  duly  qualified 


280  TEXAS  CIVIL  FORM  BOOK. 

as  such  guardian  in  the  place  of  him,  the  said ,  hereby 

removed  from  said  guardianship.     (The   manner   of  delivery   can  be 
stated  in  order). 

R.  S.  Art.  2697    (2&15). 

Guardian  can  be  removed  with  or  without  motion. 
The  above  form  can  be  varied  for  removal  of  guardian  without  notice. 
R.  S.  Art.  2696    (2614). 


No.  383. 
CITATION  ON  APPLICATION  FOR  DISCHARGE  OF  GUARDIAN. 

The  State  of  Texas,  County  of No 

To  the  Sheriff  or  any  Constable  of ,.  .  County  —  Greeting: 

,  guardian  of  the  estate  of  the  minor ,  hav- 
ing filed  in  our  county  court  his  final  account  of  the  condition  of  the 

estate  of  said  minor  . . . ., together  with  an  application  to  be 

discharged  from  the  said  guardianship: 

You  are  hereby  commanded  to  summon  the  said (here 

state  the  name  of  said  minor),  if  to  be  found  in  your  county,  to  be  and 
appear  at  the  next  regular  term  of  the  county  court  to  be  held  in  and 

for  the  county  of at  the  courthouse  thereof  in ,  on  the 

....  Monday  in ,  A.  D.  19. .,  and  contest  said  account  if  he  see 

proper  to  do  so  at  said  .......  term,  A.  D.  19.  . 

\V  itness  my  hand  and  seal  of  office  at ,  this  . .  .  day  oi , 

A.  D.  19.. 


Clerk  County  Court,   County,  Texas. 

By ,  Deputy. 

R.  S.  Art.  2767  (2685). 

This  comes  under  chapter  18,  final  settlement,  when  the  ward  dies, 
or  minor  arrives  at  the  age  of  twenty-one,  etc. 


No.  384. 

FORM  OF  APPEAL  BOND  IN  GUARDIANSHIP. 

The  State  of  Texas,  County  of  ! No Guardianship  of 

,  a  Minor. 

Whereas,  in  a  certain  proceeding  in  the  County  Court  of , 

sitting  in  matters  of  probate,  in  the  estate  of ,  a  minor. 

the  following  judgment  was  rendered (here  set  out  the  judg- 
ment), from  which  judgment has  appealed  to  the  District 


TEXAS  CIVIL  FORM  BOOK.  281 

Court  of County,  Texas,  and  given  notice  of  said  appeal,  an 

entry  whereof  has  been  made  of  record  in  said  county  court,  and  the 
amount  of  bond  to  be  given  has  been  fixed  by  said  court  at  .......  dol- 
lars :  Now  therefore  we, ,  as  principal,  and  : 

and ,  as  sureties,  acknowledge  ourselves  bound  to  pay 

,  county  clerk  of County,  Texas,  and  his  success- 
ors in  office,  the  sum  of dollars  conditioned  that , 

the  appellant,  shall  perform  the  orders  and  judgment  which  the  district 
court  may  make  therein  in  case  the  decision  be  against  him,  the  said 

,  appellant. 

Witness  our  hands  this  the  ....  day  of ,  A.  D.  19 ... 


Approved  this  the  ....  day  of ,  A.  D.  19 . . 

Clerk  County  Court, County,  Texas. 

R.  S.  Art.  2794   (2712). 


No.  385. 
FORM  OF  ORDER  APPROVING  FINAL  ACCOUNT  OF  GUARDIAN. 

No Guardianship  of ,  a  Minor.     In  County  Court 

of County,  Texas, Term,  A.  D.  19. .. 

day  of ,  A.  D.  19... 

This  day  came  on  to  be  considered,  in  the  guardianship  of , 

a  minor,  the  final  account  of ,  guardian  of  said  minor, 

filed  in  this  court  on  the  ....  day  of ,  A.  D.  19.  . ;  and  it  appear- 
ing to  the  court  that  due  notice  has  been  given  of  the  filing  thereof  as 
required  by  law,  the  court  proceeded  to  examine  the  said  account  and  to 
hear  all  exceptions  and  objections  thereto,  and  the  evidence  in  support 
of  and  against  the  account,  and  having  fully  considered  the  same,  finds 
it  to  be  fair,  just  and  correct. 

It  is  therefore  ordered  by  the  court  that  the  said  final  account  be  and 

the  same  is  hereby  in  all  respects  approved,  and  the  said , 

guardian  of  said  estate,  is  hereby  directed  to  deliver  the  estate  of  him, 

the  said ,  remaining  in  his,  the  said  guardian's,  hands  to 

.  . . ,  who  is  legally  authorized  to  receive  the  same,  and  upon 

his  compliance  with  this  order,  he,  the  said  guardian, ,  will 

be  discharged,  and  that  said  final  account,  together  with  this  order,  be 
entered  upon  the  minutes  of  this  court. 

R.  S.  Art.  2770  (2688). 


282  TEXAS  CIVIL  FORM  BOOK. 

No.  386. 

FORM   OF  ORDER  DISCHARGING  GUARDIAN  AND  CLOSING  GUARDIAN- 
SHIP. 

Xo Guardianship  of ,  a  Minor.     In  County  Court 

of County,  Texas,  Term,  A.  D.  19 

day  of ,  A.  D.  19... 

On  this  day  came  on  to  be  considered,  in  the  guardianship  of 

,  a  minor,  the  report  of ,  guardian  of  said 

minor;  and  it  appearing  to  the  court  that  the  said ,  guardian 

of  said  minor,  has  in  all  things  fully  complied  with  the  order  of  this 

court  made  on  the  ....  day  of ,  A.  D.  19. .,  approving  his  final 

account  as  guardian  of  said  estate,  and  entered  upon  the  minutes  of  this 

court,  it  is  therefore  ordered  by  the  court  that  he,  the  said , 

be  and  he  is  hereby  fully  discharged  as  guardian  of  the  estate  of  the 

said ,  minor;  and  it  is  also  ordered  that  the  guardianship 

of  the  estate  of  him,  the  said ,  minor,  be  and  the  same  is 

hereby  finally  closed. 

R.  S.  Art.  2770   (2688). 


HOMESTEAD  DONATIONS. 

11.   S.  Arts.  41GO-4174    (3937-3951). 

No.  387. 

APPLICATION  FOR   HOMESTEAD. 

The  State  of  Texas,  County  of To Surveyor 

of  said  County: 

Now  comes ,  who  resides  in County,  in  the 

State  of  Texas,  and  respectfully  represents  that  he  has  actually  settled 

on  a  certain  tract  of  land  situated  in  County,  Texas,  about 

miles  from  the  city  of  ,  and  claims  the  same  or  one 

hundred  and  sixty  acres  thereof,  for  himself  in  good  faith,  under  the 
laws  now  in  force  in  this  State  granting  homestead  donations  to  actual 

settlers,  described  and  designated  as  follows : (here  describe  the 

land)  ;  that  he  is  without  any  homestead  of  his  own,  and  that  he  believes 
said  land  is  vacant  and  unappropriated  public  domain. 

Wherefore  he  requests  that  a  survey  thereof  be  made  by  virtue  of  his 
rights  aforesaid,  and  such  other  things  be  done  by  you  in  the  premises, 
as  may  be  necessary  to  perfect  his  title  to  said  land  this  the  ....  day  of 
,  A.  D.  19 .'. 


R.  S.  Art.  4162  (3939). 


TEXAS  CIVIL  FORM  BOOK.  283 

The  State  of  Texas,  County  of 

Before  me ,  a  notary  public  in  and  for ,  Texas, 

on  this  day  personally  appeared ,  who  being  by  me  duly 

sworn,  upon  his  oath  says  that  the  facts  as  stated  in  the  above   and  fore- 
going application  are  true  and  correct. 


Subscribed  and  sworn  to  before  me,  under  my  official  hand  and  seal, 

this  the day  of ,  A.  D.  19 .  . 

(Seal.)  

Xotary  Public County,  Texas. 

R.  S.  Art.  4163   (3940). 

The  field  notes,  after  being  duly  certified,  mapped  and  recorded,  shall 
be  returned  to  and  filed  in  the  General  Land  Office  within  twelve  months 
after  the  date  of  the  survey. 

R.  S.  Art.  4166  (3943). 


No.  388. 
AFFIDAVIT  OF  APPLICANT  FOR  HOMESTEAD. 

The  State  of  Texas,  County  of 

Before   me,    ,   a   notary   public   in   and   for    

County,  in  the  State  of  Texas,  on  this  day  personally  appeared , 

who,  being  by  me  duly  sworn,  says  that  he  has  by  himself  (or  that  he 

and   his  assignee have   together),   in  good  faith   resided 

upon,   occupied    and    improved    a    certain    tract  of   land    situated    in 

County,  Texas,  about miles from  the  city  of 

,  designated  and  described  in  application  for  homestead  dona- 
tion made  by on  the  ....  day  of ,  A.  D.  19.  .,  and 

in  field  notes  thereof  now  on  file  in  the  General  Land  Office  in  Austin, 
in  said  State,  for  three  consecutive  years  from  the  date  of  his  applica- 
tion for  a  homestead  donation,  to  wit,  from  the  ....  day  of , 

A.  D.  19. .,  being  the  date  of  the  application  made  thereof,  to  the  .... 
day  of ,  A.  D.  19.. 


Subscribed  and  sworn  to  before  me,  this  the day  of , 

A.  D.  19 .  . 

(Seal.)  

Notary  Public County,  Texas. 

R.  S.  Art.  4168   (3945). 


284 


TEXAS  CIVIL  FORM  BOOK. 


No.  389. 

AFFIDAVIT  CORROBORATING  THAT  OF  APPLICANT. 

The  State  of  Texas,  County  of 

Before  me,   ,  a  notary  public  in  and  for  the  county  of 

,  in  the  State  of  Texas,  on  this  day  personally  appeared 

and ,  known  to  me  to  be  credible  citizens  of 

said  county  of (or  surveyor's  district  in  which  the  land   is 

situated),  each  being  by  me  duly  sworn,  for  himself  says  that  he  has 

seen  and  read   the  foregoing  affidavit  of for  homestead 

donation ;  that  he  is  disinterested  in  the  homestead  of  the  said , 

situated  in  said  county  of ,  about  ....  miles from  the 

city  of ,  on  which  the  said now  resides;  that  the 

said has  resided  upon,  occupied  and  improved  said  land 

for  three  consecutive  years,  to  wit,  from  the  ....  day  of ,  A.  D. 

19. .,  to  the  ....  day  of ,  A.  D.  19.  . . .,  during  which  time  the 

said lived    on    and    claimed    the    same    as    a   homestead 

donation. 

Subscribed  and  sworn  to  before  me,  by  the  said   and 

,  respectively,  this  the  ....  day  of ,  A.  D.  19 .  . 

(Seal.)  

Notary   Public County,   Texas. 


No.  390. 
APPLICATION  TO  PURCHASE  HOME  TRACT. 

,  Texas,   ,  190.  . 

To • ,  Commissioner  General  Land  Office: 

I  hereby  apply  to  purchase  under  the  provisions  of  Title  LXXXVII, 
Chapter  12A,  Revised  Civil  Statutes  of  1895,  and  the  amendments 
thereto  by  the  Act  of  May  19,  1897,  and  the  Acts  relating  to  the  sale  and 
lease  of  Public  Free  School  and  Asylum  lands,  approved  April  19,  1901, 

and  April  15,  1905,  the  following  land  situated  in 

County,  Texas,  about miles  (give  course)   from  County 

Site;  and  I  agree  to  pay  for  said  land  the  price  per  acre  specified  below: 


Section 


Township    Block    Certificate  i        GRANTEE 


Acres 


Price 
per  acre 


Classification 


TEXAS  CIVIL  FORM  BOOK. 


285 


I   am  over  twenty-one  years   of  age,  and  my  postoffice  address   is 

in County,  Texas.     I  have,  since  the  19th  day  of 

April,  A.  D.  1901,  purchased  from  the  State,  Public  Free  School  and 
Asylum  lands  as  follows: 


Section 

Township 

Block 

Certificate 

GRANTEE 

Acres       ^'  ®'  Address  when 
I  each  purchase  was  made 

i 

| 

i 
1 

i 

For  the  purpose  of  securing  said  lands  and  of  complying  \vith  the  law 
regulating  the  sale  of  the  same,  I  hereby  make  and  subscribe  tj  the  fol- 
lowing oath,  to  wit: 

I, ,  do  solemnly  swear  that  I  desire  to  purchase  the  said 

land  for  a  home  and*  that  I  will  in  good  faith  become  in  person  an  actual 
bona  fide  settler  on  some  portion  of  the  land  I  purchase  within  ninety 
days  from  the  date  my  application  is  accepted,*  or,*  that  I  am  now  in 
person  an  actual  bona  fide  settler  thereon,*  and  that  I  am  not  acting  in 
collusion  with  others  for  the  purpose  of  buying  the  land  for  any  other 
person  or  corporation,  and  that  no  other  person  or  corporation  is  directly 
or  indirectly  interested  in  the  purchase  thereof. 

(Signed) Applicant. 

Sworn  to  and  subscribed  before  me,  this  the  .      .  dav  of  ...       ,  19 .  . 


,  County,  Texas. 

(Officer  must  not  omit  seal.) 

OBLIGATION. 
$ Lands. 

For  value  received,  I,  the  undersigned,  do  promise  to  pay  to  the  State 

of  Texas  the  sum  of dollars,  with  interest  thereon  as  hereinafter 

specified,  the  same  being  for  the  balance  of  purchase  money  for  the  fol- 
lowing described  tract  of  land,  purchased  by  me  of  the  State  of  Texas, 
in  accordance  with  the  provisions  of  Title  LXXXVII,  Chapter  12A,  of 
the  Revised  Civil  Statutes  of  1895,  and  the  amendments  thereto  by  the 
Act  of  May  19,  1897,  and  the  Acts  relating  to  the  sale  and  lease  of 
Public  Free  School  and  Asylum  lands,  approved  April  19,  1901,  and 

April  15,  1905,  to  wit: of  Section  No Block , 

Township ,  in County,  surveyed  for  the  Free  School 

Fund  bv  virtue  of  Certificate  No ,  issued  to  the 


•  NOTE. —  If  applicant  Is  now  a  set  tier  on  this  land  he  must  strike  out  words 
between  first  two  stars,  but  if  he  intends  to  settle  within  ninety  days  he  must  strike 
out  words  between  last  two  stars. 


286 


TEXAS  CIVIL  FORM  BOOK. 


The  annual  interest  of  three  per  cent  upon  all  unpaid  principal,  together 
with  one-fortieth  of  the  original  principal,  I  am  to  pay  or  cause  to  be 
paid  to  the  State  Treasurer,  at  Austin,  Travis  County,  Texas,  on  or 
before  the  1st  day  of  each  November  thereafter,  until  the  whole  pur- 
chase money  is  paid.  And  it  is  expressly  understood  that  I  am  to  comply 
strictly  with  all  the  conditions,  limitations,  and  requirements,  and  am 
subject  to  and  accept  all  the  penalties  contained  and  prescribed  in  the 
above  recited  Acts. 

Witness  my  hand  this  ....   day  of ,  190 .  . 


Postoffice 


INDORSEMENT   ON    THE    BACK. 

No  ....... 

APPLICATION  OF 


P.  0 


HOME  TEACT. 


SECTION 

• 

BLOCK 

CERTIFICATE 

ACHES 

TOWNSHIP 

GRANTEE 

In  ..................................................  County  . 

Filed  ....................................................  19. 

Awarded  .................................................  19  . 

Rejected  ....................................  .............  19  . 


Commissioner  General  Land  Office. 


Roll 

Class 

Appr'm't 

Appl'n 

Obligation  .  . 

Seal 

Map 

Lease 

On  Market  . 


TEXAS  CIVIL  FORM  BOOK. 


287 


File  No 


Filed 


Appl.  and  oblig. 


County 


19.  . 

Commissioner. 
File  .Clerk. 


No.  391. 

APPLICATION   FOR   LAND   AS   ADDITIONAL   TO   HOME   TRACT   APPLIED 

FOR. 


Texa 


190. 


To ,  Commissioner  General  Land  Office: 

I  hereby  apply  to  purchase  under  the  provisions  of  Title  LXXXVI1, 
Chapter  12A,  Revised  Civil  Statutes  of  1895,  and  the  amendments 
thereto  by  the  Act  of  May  19,  1897,  and  the  Acts  relating  to  the  sale  and 
lease  of  Public  Free  School  and  Asylum  lands,  approved  April  19,  1901, 

and  April  15,  1905,  the  following  land  situated  in ,  

County,  Texas,  about miles  (give  course) from  County 

Site;  and  I  agree  to  pay  for  said  land  the  price  per  acre  specified  below: 

Section     Township    Block    Certificate          GRANTEE         Acres     oe^acre      Classification 

j 

I  am  over  twenty-one  years   of  age,  and  my  postoffice  address  is 

in County,  Texas.     I  have,  since  the  19th  day  of 

April,  A.  D.  1901,  purchased  from  the  State,  Public  Free  School  and 
Asylum  lands  as  follows: 

^"' 

Section     Township    Block    Certificate          GRANTEE  Acres 

! 


288  TEXAS  CIVIL  FORM  BOOK. 

For  the  purpose  of  securing  said  lands  and  of  complying  with  the  law 
regulating  the  sale  of  the  same,  I  hereby  make  and  subscribe  to  the  fol 
lowing  oath,  to  wit: 

I, ,  do  solemnly  swear  that  I  desire  to  purchase  the  said 

land  as  additional  to  my  home  tract  which  I  have  applied  to  purchase,  as 

follows:     Section  No ^  Block ,  Tsp .,  Certificate 

..'....,  Grantee in County,  and*  that  I  will  in 

good  faith  become  in  person  an  actual  bona  fide  settler  on  my  home 
tract,  or  some  portion  of  the  land  I  purchase  within  ninety  days  from  the 
date  my  application  for  my  home  tract  is  accepted,*  or,*  that  I  am  now 
in  person  an  actual  bona  fide  settler  on  my  home  tract,*  and  that  I  am 
not  acting  in  collusion  with  others  for  the  purpose  of  buying  the  land 
for  any  other  person  or  corporation,  and  that  no  other  person  or  cor- 
poration is  directly  or  indirectly  interested  in  the  purchase  thereof. 

(Signed) ,  Applicant. 

Sworn  to  and  subscribed  before  me,  this  the  ....  day  of ,  190.  . 


County,  Texas. 

(Officer  must  not  omit  seal.) 

OBLIGATION. 
$ Lands. 

For  value  received,  I,  the  undersigned,  do  promise  to  pay  to  the  State 

of  Texas,  the  sum  of dollars,  with  interest  thereon  as  hereinafter 

specified,  the  same  being  for  the  balance  of  purchase  money  for  the  fol- 
lowing described  tract  of  land,  purchased  by  me  of  the  State  of  Texas,  in 
accordance  with  the  provisions  of  Title  LXXXVII,  Chapter  12 A,  of 
the  Revised  Civil  Statutes  of  1895,  and  the  amendments  thereto  by  the 
Act  of  May  19,  1897,  and  the  Acts  relating  to  the  sale  and  lease  of 
Public  Free  School  and  Asylum  lands,  approved  April  19,  1901,  and 

April  15,  1905,  to  wit: of  Section  No ,.  .,  Block , 

Township ,  in County,  surveyed  for  the  Free  School 

Fund  by  virtue  of  Certificate  No ,  issued  to  the 

The  annual  interest  of  three  per  cent  upon  all  unpaid  principal,  together 
with  one-fortieth  of  the  original  principal,  I  am  to  pay  or  cause  to  be 
paid  to  the  State  Treasurer,  at  Austin,  Travis  County,  Texas,  on  or 
before  the  1st  day  of  each  November  thereafter,  until  the  whole  purchase 
money  is  paid.  And  it  is  expressly  understood  that  I  am  to  comply 
strictly  with  all  the  conditions,  limitations  and  requirements,  and  am 
subject  to  and  accept  all  the  penalties  contained  and  prescribed  in  the 
above  recited  Acts. 

Witness  my  hand  this  ....  day  of ,  190.  . 

Postoffice  . 


*  NOTE. —  If  applicant  is  now  a  settler  on  his  home  tract  he  must  strike  out  words 
between  first  two  stars,  but  if  he  intends  to  settle  within  ninety  days  he  must  strike 
out  words  between  last  two  stars. 


TEXAS  CIVIL  FOBM  BOOK. 


289 


INDORSEMENT  ON   THE  BACK. 

No 

APPLICATION  OF 

P.  0 

ADDITIONAL  TO   HOME   APPLIED   FOR. 

SECTION  BLOCK  CERTIFICATE  ACRES 

TOWNSHIP  GRANTEF 

In County. 

Filed 19 .. 

Awarded 19 .. 

Rejected 19 .. 

Commissioner  General  Land  Office. 

Roll 

Class  

Appr'm't 

Appl'n 

Obligation 

Seal 

Map 

Lease 

On  Market 

File  No 

County 

Appl.  and  oblig. 
Filed 19 .. 

Commissioner. 
File  Clerk. 


290  TEXAS  CIVIL  FORM  BOOK. 

No.  392. 

THIS   PROOF   IS  FOR   THE   ORIGINAL   PURCHASER. 
The  State  of  Texas,  County  of 

Before  me,  the  undersigned  authority,  on  this  day  personally  appeared 

.  . , . .  .,  who  being  by  me  duly  sworn  deposes  and  says  that  he  is 

the  original  purchaser  from  the  State  of  Texas  of School  Sec- 
tion No ,  Block  No ,  in County,  surveyed  by  virtue  of 

Certificate  No issued  to about miles 

from  county  site.  That  at  the  date  of  the  filing  of  his  application  to 
purchase  said  land,  he  was  in  person  an  actual  bona  fide  settler  upon 

section ,  in  good  faith  making  his  home  upon  same,  and 

that  from  the  time  of  filing  said  application  he  has  actually  in  per- 
son continuously  occupied  and  resided  upon  same  as  his  home  for  three 
consecutive  years;  and  affiant  further  states  upon  oath  that  within  three 
years  from  his  purchase  of  said  land  he  erected  permanent  and  valuable 
improvements  upon  the  said  section  (or  additional  land)  purchased  by 
him  of  the  reasonable  market  value  of  three  hundred  dollars,  the  nature 
and  character  of  which  are  specifically  described  as  follows,  to  wit : 


Also  at  the  same  time  personally  appeared  the  three  subscribing  cred- 
ible witnesses  hereto,  each  of  whom  being  by  me  duly  sworn  upon  his 
oath  deposes  and  says:  that  the  facts  above  stated  with  regard  to  occu- 
pancy and  of  the  three  hundred  dollars  valuable  and  permanent  im- 
provements, as  specified  above,  are  within  the  knowledge  of  each,  true 
and  correct,  and  each  for  himself  says  upon  oath  that  he  is  not  either 
directly  or  indirectly  interested  in  the  land  or  the  title  thereto. 


Principals 


Witnesses. 
Subscribed  and  sworn  to  before  me,  this  ....  day  of ,  A.  D.  19. . 


INDORSEMENT  ON   THE  BACK. 

File  No No.  . 

.    Countv. 


TEXAS  CIVIL  FOHM  BOOK.  291 

SCHOOL  LAND. 
PROOF  OF  OCCUPANCY  AND  IMPROVEMENTS  BY  ORIGINAL  PURCHASER. 


Piled 19. . 

Commissioner. 

File  Clerk. 

Certificate  of  Occupancy  issued  and  sent  to   

.  dav  of  .  .  19 . . 


Commissioner. 


No.  393. 
THIS  BLANK  IS  FOR  THE  ASSIGNEE. 

The  State  of  Texas,  County  of 

Before  me,  the  undersigned  authority,  this  day  personally  appeared 

.  . .  .,  who  being  by  me  duly  sworn  deposes  and  says  that 

by  regular  transfer  he  is  the  owner  of School  Section  No , 

Block  No ,  in County,  surveyed  for  the  public  free  school 

fund  by  virtue  of  Certificate  No ,  issued  to ,  about  .... 

miles from  the  county  site.  That ,  the  original 

purchaser  from  the  State  was,  at  the  date  of  the  filing  of  his  application 
to  purchase  said  land,  in  person  an  actual  bona  fide  settler  upon  section 

,  and  in  good  faith  resided  on  and  made  his  home  upon  same 

continuously  until  he  sold  section and  that and 

each  at  the  date  of  transfer  to  him  became  in  person  an 

actual  bona  fide  settler  thereon,  and  in  good  faith  made  his  home 
thereon  until  he  sold  same;  all  of  said  occupancy  and  residence  upon  said 
land  aggregating  three  consecutive  years  from  the  date  of  the  original 
purchase  from  the  State. 

Affiant  further  states,  upon  his  oath,  that  within  three  years  from  the 
date  of  original  purchase  from  the  State  there  was  erected  upon  said 
land  permanent  and  valuable  improvements  of  the  reasonable  market 
value  of  three  hundred  dollars,  the  nature  and  character  of  which  said 
improvements  is  stated  and  described  specifically  as  follows,  to  wit: 
(Describe  land  upon  which  is  situated  improvements.) 


Also  at  the  same  time  personally  appears  the  three  subscribing  cred- 
ible witnesses  hereto,  each  of  whom  being  duly  sworn  upon  his  oath  de- 
poses and  says:  that  the  facts  above  stated  with  regard  to  occupancy  and 
of  the  three  hundred  dollars  valuable  and  permanent  improvements,  as 
specified  above,  are  within  the  knowledge  of  each,  true  and  correct,  and 


292  TEXAS  CIVIL  FORM  BOOK. 

each  for  himself  says  upon  oath  that  he  is  not  either  directly  or  in- 
directly interested  in  the  land  or  the  title  thereto. 


Principal. 


Witnesses. 
Subscribed  and  sworn  to  before  me,  this  .  .  .  day  of ,  A.  D.  19.  . 


INDORSEMENT  ON  THE   BACK. 

File  No No.   . 

County. 

SCHOOL  LAND. 
PROOF  OF  OCCUPANCY  AND  IMPROVEMENTS  BY  ASSIGNEE. 


.Filed 19 .. 

Commissioner. 

File  Clerk. 
Certificate  of  Occupancy  issued  and  sent  to 

day  of   19.. 

Commissioner. 


No.  394. 
PROOF  OF  SETTLEMENT. 

The  State  of  Texas,  County  of 

Before  me,  the  undersigned  authority,  on  this  day  personally  appeared 

,  who  being  by  me  duly  sworn  upon  his  oath  says  that 

heretofore,  to  wit:    On  the  ....  day  of ,  A.  D.  19.  .,  he  in  good 

faith  actually,  in  person,  settled  upon  School  Section  No....,  Block 

No ,    Township ,    Certificate ,    situated    in    the 

County  of ,  Texas,  about  ....  miles  from ,   for  the 

purpose  of  making  his  home  upon  the  same,  and  that  he  is  now  in 
person  an  actual  bona  fide  settler  upon  same,  and  is  in  good  faith 
making  his  home  upon  said  land. 


Sworn  to  and  subscribed  before  me,  by  ,  under  my 

official  hand  and  seal,  this  ....  day  of ,  A.  D.  19 .  . 


Notary  Public  in  and  for County,  Texas. 


TEXAS  CIVIL  FORM  BOOK.  293 

The  purchaser  of  Public  School  Land  has  ninety  days  from  the  date 
of  the  acceptance  of  his  application  within  which  to  settle  upon  the  land 
so  purchased,  and  thirty  days  thereafter  in  which  to  file  in  the  Land 
Office  his  affidavit  of  settlement. 

Twenty-ninth  Leg.,  Reg.  Ses.    (1905),  page   162. 


No.  395. 
SCHOOL  LAND  DEED. 

The  State  of  Texas,  County  of 

This  indenture,  made  the  ....  day  of ,  A.  D.   19.  .,  between 

,  of  the  county  and  State  aforesaid,  part. .   of  the  first 

part,    and ,    of    the    County    of and    State    of 

,  part.  .  of  the  second  part,  Witnesseth:    That  the  said  part.  , 

of  the  first  part,  for  and  in  consideration  of  the  sum  of dollars,. 

to in  hand  paid  by  the  part.  .  of  the  second  part,  the  receipt  of 

which  is  hereby  acknowledged,  ha.  .   bargained,  sold  and  quitclaimed, 
and  by  these  presents  do  bargain,  sell,  convey  and  quitclaim,  unto  the 

said ,  part .  .    of  the  second  part, heirs  or  assigns 

forever,  all right,  title  and  interest  in  and  to  that  certain  tract 

of  State  school  land  situate,  lying  and  being  in .  County,  Texas, 

known  and  described  as  follows : 


Said   land    sold   and    awarded    by to 

on  the  ....  day  of ,  A.  D.  19 .  .,  at dollars  per  acre 

the  first  payment  to  the  State  and  all  interest  payments  due  to 

A.  D.  19.  .,  have  been  paid. 

To  have  and  to  hold  the  above  described  premises,  together  with  all 
the  rights  and  appurtenances  thereunto  in  anywise  belonging  unto  the 

said ,  part .  .  of  the  second  part,  . heirs  and  assigns 

forever.  And  the  said  ,  part .  .  of  the  second  part,  do- 
hereby  assume  the  obligations  of  the  original  purchaser  of  said  land  to- 
the  State  of  Texas. 

In  witness  whereof  the  parties  to  these  presents  have  hereunto  set 
their  hands,  this  ....  day  of A.  D.  19 .  . 


Vendor. 

Vendor. 

Witnesses.  

Vendee. 

The  State  of  Texas,  County  of 

Before  me, in  and  for County,  Texas,  on  this 

day  personally  appeared wife  of known  to- 


294  TEXAS  CIVIL  FORM  BOOK. 

me  to  be  the  person  whose  name  is  subscribed  to  the  foregoing  instru- 
ment, and  having  been  examined  by  me  privily  and  apart  from  her  hus- 
band, and  having  the  same  fully  explained  to  her,  she,  the  said 

,  acknowledged  such  instrument  to  be  her  act  and  deed 

and  declared  that  she  had  willingly  signed  the  same  for  the  purposes 
and  consideration  therein  expressed,  and  that  she  did  not  wish  to  retract 
it. 

Given  under  my  hand  and  seal  of  office  this  ....  day  of ,  A.  D. 

19.. 


The  State  of  Texas,  County  of 

Before  me, in  and  for County,  Texas,  on  this 

day  personally  appeared known  to  me  to  be  the  person .  . 

whose  name subscribed  to  the  foregoing  instrument,  and  ac- 
knowledged to  me  that  executed  the  same  for  the  purposes 

and  consideration  therein  expressed. 

Given  under  my  hand  and  se.al  of  office  this  ....  dav  of ,  A.  D. 

19.. 


The  State  of  Texas,  County  of 

I, , ,  Clerk  of  the  County  Court  of  said  county,  do  hereby 

certify  that  the  foregoing  instrument  of  writing,  dated  on  the  ....  day 

of ,  19.  .,  with  its  certificate  of  authentication,  was  filed  for  record 

in  my  office  this  ....  day  of ,  19.  .,  at  ....  o'clock  .  .m.,  and 

duly  recorded  the  ....  day  of ,  19.  .,  at  ....  o'clock  .  .m.,  in 

the  Deed  Records  of  said  county,  in  volume  ....  on  pages  .... 

Witness  my  hand  and  the  seal  of  the  County  Court  of  said  county,  at 
office  in the  day  and  year  last  above  written. 


Clerk  County  Court   County. 

By ,  Deputy. 


INDORSEMENT   OX    THE   BACK. 


TO 


TEXAS  CIVIL  FORM  BOOK.  295 

SCHOOL  LAND  DEED. 

Dated  day  of 19 .. 

Filed  for  record day  of 

19.  .,  at   o'clock   .  .   in. 


County  Clerk, 

County,  Texas. 

By  ,  Deputy. 


DEPOSITIONS  OF  WITNESSES. 

R.   S.  Art.   2273-2291    (2218-2237).     Art.   2274a,  added   and  Arts.     2282  and 
2284  amended  by  29th  Leg.,  Reg.  Ses.   (1905),  page  106. 

No.  396. 

NOTICE  OF  FILING  INTERROGATORIES. 

vs No Suit  Pending  in 

Court  of County. 

To ,   Defendant    (or   Plaintiff,  as   the  case  may   be)    or 

,  His  Attorney  of  Record : 

Sir :  You  will  take  notice  that  at  the  expiration  of  five  days  from  the 

service  hereof  I  will  apply  to  the  clerk  of  the Court  in  and  for 

County  (or  to ,  Esq.,  a  justice  of  the  peace  for 

precinct  No , County,  as  the  case  may  be),  for  a  com- 
mission to  take  the  depositions  of ,  who  reside  (or  is  to  be 

found)  in  the  county  of ,  in  answer  to  the  accompanying 

interrogatories,  to  be  read  as  evidence  in  behalf  of  the  plaintiff  (or  de- 
fendant, as  the  case  may  be),  on  the  trial  of  said  cause. 


Interrogatories  propounded  to  witness : 

Interrogatory  1st.  What  is  your  name,  age,  residence,  etc. 
R.  S.  Art.  2274  (2219). 


No.  397. 
PRECEPT  TO  SERVE  NOTICE  OF  INTERROGATORIES. 


vs No. .  . .    Suit   Pending   in    

Court  of County. 

The  State  of  Texas.     To  the  Sheriff  or  any  Constable  of    

County  —  Greeting : 

You  are  hereby  commanded  that  you  serve ,  the  plaintiff 

(or  defendant,  as   the  case  may  be),   in  the  above  stated  cause,  or 
,   Esq.,  his  attorney  of  record,  with  the   accompanying 


296  TEXAS  CIVIL  FORM  BOOK. 

certified  copy  of  notice  and  interrogatories,  propounded  by  the  defend- 
ant (or  plaintiff,  as  the  case  may  be)  in  said  cause  to , 

who  resides  (or  is  to  be  found)  in  the  county  of in  the  State 

of 

Herein  fail  not,  but  of  this  writ,  and  how  you  have  executed  the  same, 
make  due  return  within  five  days  after  service. 

Witness ,  Clerk  of  the Court  of County. 

Given  under  my  hand  and  seal  of  said  court  at  office  in  the  town  of 

,  this  the day  of ,  A.  D.  19 .  . 

(Seal.)  

Clerk Court,  County. 

R.  S.  Art.  2274  (2219). 


No.  398. 

INDORSEMENT  AND  RETURN  ON  PRECEPT. 

No vs Precept  to  serve  inter- 
rogatories. Issued  ....  day  of ,  A.  D.  19 ,  Clerk. 

By ,  deputy.  Came  to  hand  ....  day  of ,  A.  D. 

19.  .,  at  .  .  o'clock  .  .  m.,  and  executed  ....  day  of ,  A.  D.  19. ., 

at  .  .  o'clock  .  .  m.,  by  delivering  to  the  within  named in 

person,  at ,  in County,  Texas,  a  certified  copy  of  the 

notice  and  interrogatories  mentioned  in  this  writ.  The  distance  actually 

traveled  in  the  execution  of  such  process  is  ....  miles , 

sheriff  of County.  By ,  deputy.  Fees :  Serving 

writ,  $ ;  mileage,  $ ;  total,  $ 

When  the  adverse  party  is  a  corporation  or  a  joint-stock  association 
service  may  be  had  upon  the  president,  secretary  or  treasurer  of  such 
corporation  or  association,  or  upon  the  local  agent  representing  such 
corporation  or  association  in  the  county  in  which  the  suit  is  pending,  or 
by  leaving  a  copy  of  the  notice  and  attached  interrogatories  at  the 
principal  office  of  such  corporation  or  association  during  office  hours. 

R.  S.  Art.  2274   (2219). 


No.  399. 

TO  WHOM  COMMISSION  SHALL  BE  DIRECTED. 

1.  If  the  witness  be  alleged  to  reside  or  be  within  the  State,   the 
commission  shall  be  addressed  to  any  clerk  of  the  district  court,  any 
judge  or  clerk  of  the  county  court,  or  any  notary  public  of  the  proper 
county. 

2.  If  the  witness  be  alleged  to  reside  or  be  without  the  State,  and 
within  the  United  States,  the  commission  shall  be  addressed  to  any 
clerk  of  a  court  of  record  having  a  seal,  any  notary  public,  or  any  com- 


TEXAS  CIVIL  FORM  BOOK.  297 

missioner  of  deeds  duly  appointed  under  the  laws  of  this  State,  within 
some  other  State  or  territory. 

3.  If  the  witness  is  alleged  to  reside  or  be  without  the  United  States, 
to  any  notary  public  or  any  minister,  commissioner  or  charge  d'affaires 
of  the  United  States  resident  in  and  accredited  to  the  country  where  the 
deposition  may  be  taken,  or  any  consul-general,  consul,  vice-consul,  com- 
mercial agent,  vice-commerical  agent,  deputy  consul  or  consular  agent  of 
the  United  States  resident  in  such  country. 

R.  S.  Art.  2281    (2226). 


No.  400. 

AGREEMENT   AND   APPLICATION  FOR  COMMISSION   TO  TAKE  DEPOSI- 
TIONS TO  ORAL  QUESTIONS. 


vs No. .  . .    Suit   Pending   in    

Court  of County/  Texas,   Term,  A.  D.  19 ... 

To  ,  Clerk  of  the  Court  (or  Justice  of  the 

Peace,  as  the  case  may  be)  : 

,  plaintiff,  and ,  defendant,  in  the  above 

entitled  and  numbered  cause,  by  their  attorneys  of  record,  desire  and 

agree  to  take  the  depositions  of ,  a  witness  in  said  cause, 

who  resides  (or  is  to  be  found)  in County,  Texas,  in  answer  to 

oral  questions  to  be  propounded  to  said  witness,  and  agree  that  the 

depositions  of  said  witness  may  be  taken  by  and  before , 

a  notary  public  in  and  for County,  Texas  (or  any  other  officer 

qualified  to  take  the  same),  and  hereby  apply  for  a  commission  directed 

to  the  said   (officer  agreed  upon),  commanding  him  to 

subpoena  the  said to  appear  before  him  at  the  time  and 

place  to  be  named  therein  to  answer  such  oral  questions  that  may  be 
propounded  to  him  by  plaintiff  and  defendant  in  said  cause  (and  we 
agree  that  the  answers  of  said  witness  may  be  taken  in  narrative  form). 


When  such  agreement  and  application  shall  be  filed  in  said  cause,  the 
clerk  of  said  court  or  justice  of  the  peace,  as  the  case  may  be,  shall  issue 
a  commission  directed  to  the  judge  or  clerk  of  any  court  of  record, 
notary  public  or  justice  of  the  peace,  commanding  him  to  subpoma  such 
witness  to  appear  before  such  officer  at  the  time  and  place  to  be  named 
therein,  which  process  shall  be  directed  to  any  sheriff  or  constable  of  the 
county  and  State  where  said  witness  resides,  and  shall  be  executed  and 


298  TEXAS  CIVIL  FOUM  BOOK. 

returned  like  subpoenas  in  civil  cases  in  the  State.     At  least  five  days' 
written  notice  of  the  time  and  place  when  and  where  the  depositions  of 
the  witness  are  to  be  taken  shall  be  given  by  the  officer  taking  the  same 
to  both  parties  to  such  suit,  or  their  attorneys  of  record. 
29th  Leg.,  Reg.  Ses.   (1905),  page  lOti. 


No.  401. 
NOTICE  OF  TAKING  INTERROGATORIES. 


vs No. .  . .    Suit   Pending   in    

Court  of County,  Texas,    Term,  A.  D.   19 ... 

To   ,  defendant  (or  plaintiff,  as  the  case  may  be)  or  his 

attorney  of  record: 

Sir:     You  will  take  notice  that  on  the  ....  day  of ,  A.  D. 

19.  .,  at  ...  o'clock  .  .  m.,  at  my  office  in  the  city  of  ,  in 

County,    Texas,    I    will   begin    taking   of    the   testimony    of 

,  a  witness  in  above  cause,  by  virtue  of  a  commission 

issued  out  of  the Court  of  ........  County,  Texas,  in  above 

entitled  and  numbered  cause. 


Upon  receipt  of  such  commission  by  any  officer  to  whom  it  is  directed, 
whether  such  is  to  be  taken  orally  or  on  written  questions  and  answers 
as  provided  in  Art.  2274,  Title  40,  Chapter  2,  he  shall  give  at  least  five 
days'  notice  in  writing  to  both  plaintiff  and  defendant,  or  their  attorneys 
of  record,  of  the  time  and  place,  giving  the  particular  address  when  and 
where  said  deposition  will  be  taken  and  stating  the  day  and  hour  of  the 
day  the  taking  of  such  testimony  will  begin;  and  if  the  witness  and 
officer  executing  the  commission  reside  in  this  State  and  such  witness 
does  not  voluntarily  appear  before  the  officer  at  the  time  and  place  fixed 
by  him,  he  shall  issue  a  subpoena,  directed  to  the  sheriff  or  any  con- 
stable of  his  county;  requiring  him  to  summons  to  appear  and  answer  the 
interrogatories  and  cross-interrogatories,  if  any,  at  a  subsequent  time  and 
place  to  be  named  in  such  subposna. 

Art.  2262,  amended  by  29th  Leg.,  Reg.  Ses.   (1905),  page  100. 


TEXAS  CIVIL  FORM  BOOK.  299 

No.  402. 

INSTRUCTIONS  TO  THE  OFFICER  TAKING  DEPOSITIONS. 

First.     The  following  caption  to  the  answers  of  the  witnesses  should 
be  used,  viz: 

vs No Suit  Pending  in  the 

Court  of County,  Texas. 

Answers  and  depositions  of (here  give  the  name  and 

residence  of  the  witness  or  witnesses),  to  the  accompanying  direct  and 
cross-interrogatories  propounded  to  (him,  her  or  them)  in  the  above 

entitled   cause,   taken   before (here   give   the  name   and 

official  character  of  the  officer),  in  accordance  with  the  accompanying 
commission  (or  agreement,  as  the  case  may  be). 

Answers  of  the  witness :     To  the  first  interrogatory  he 

answers,  etc.    To  the  second  interrogatoiy  he  answers,  etc. 

,  (Name  of  Witness.) 

Sworn  to  and  subscribed  before  me.  this  the   ....   day  of   , 

A.  D.  19.. 


(Name  and  Official  Character  of  Officer.) 

Second.  The  answers  of  the  witness  having  been  reduced  to  writing, 
must  be  signed  and  sworn  to  by  him.  The  officer  shall  certify  that  the 
answers  of  the  witness  were  made,  reduced  to  writing  and  read  over  to 
the  witness  in  the  due  order  of  such  interrogatories  and  cross-interrog- 
atories, and  were  then  signed  and  sworn  to  by  the  witness  before  him, 
viz : 

The  State  of  Texas,  County  of 

I,  ,  (here  give  the  name  and  official  character  of  the 

officer)  do  hereby  certify  that  the  foregoing  answers  of , 

the  witness  before  named,  were  made,  reduced  to  writing  and  read  over 
to  the  witness  in  the  due  order  of  such  interrogatories  and  cross-inter- 
rogatories, and  were  then  signed  and  sworn  to  by  the  witness  before  me. 

Given  under  my  hand  and  seal  of  office  this  ....  day  of , 

A.  D.  19.. 


(Sign  officially  under  seal.) 

Third.  The  commission,  interrogatories,  cross-interrogatories,  if  any, 
and  answers  must  be  sealed  up  in  an  envelope,  and  the  officer  shall  write 
his  name  across  the  seal,  and  indorse  on  the  envelope  the  names  of  the 
parties  to  the  suit  and  of  the  witness,  and  direct  the  package,  viz:  To 
the  Clerk  of  the Court  of County,  Texas. 


300  TEXAS  CIVIL  FORM  BOOK. 

Fourth.  The  following  indorsement  must  be  made  on  the  package, 
viz: 

vs ,  Depositions  of (name 

of  witness  or  witnesses). 

R.  S.  Art.  2284,  amended,   1905. 

Fifth.  Depositions  may  be  returned  to  the  court  by  mail,  by  a  party 
interested  in  taking  the  same,  or  by  any  other  person.  If  sent  otherwise 
than  by  mail,  the  person  delivering  them  into  court  shall  make 
affidavit  before  the  clerk  or  justice  of  the  peace  that  he  received  them 
from  the  hands  of  the  officer  before  whom  they  were  taken;  that  they 
have  not  been  out  of  his  possession  since,  and  that  they  have  undergone 
no  alteration.  If  sent  by  mail  the  postmaster  or  his  deputy  mailing  the 
same  shall  indorse  thereon  that  he  received  them  from  the  hands  of  the 
officer  before  whom  they  were  taken;  and  the  clerk  or  justice  taking 
them  from  the  postoffice  shall  indorse  on  them  that  he  received  them 
from  the  postoffice,  and  sign  his  name  thereto. 
R.  S.  Art.  2286  (2231). 

Sixth.  The  following  form  for  envelope  and  indorsement  thereon 
will  meet  the  requirements  of  the  law: 

[Front  of  Envelope.] 

File  No Court, County,  Texas 

vs Depositions  of 

Eeceived  this  package  of  the  .  . .  .day  of ,  A.  D.  19.  .,  from  the 

hands  of ,  the  officer  before  whom  they  were  taken,  and 

forwarded  same  the  ....  day  of ,  A.  D.  19.  .,  by  due  course  of  mail 

as  directed. 

,  Postmaster  at 

By ,  Deputy  Postmaster  at 

[Back  of  Envelope.] 

,  officer  before  whom  the  inclosed  depositions  were 

taken. 

,  officer  before  whom  the  inclosed  depositions  were 

taken. 


To  the  Clerk  of  the Court  of County,  Texas. 

Fees.  . 


TEXAS  CIVIL  FORM  BOOK.  301 

No.  403. 

WAIVER  OF  NOTICE  IN  DEPOSITIONS. 

The  State  of  Texas,  County  of Suit  Pending  in 

Court  of County,   Term,  A.  D.  19 ... 

vs Xo 

,  plaintiff,  and ,  defendant,  in  the  above 

entitled  and  numbered  cause,  by  their  attorneys  of  record,  hereby  waive 
notice  of  filing,  time  and  service  of  copy,  and  return  and  the  issuance  of 
commission  (if  the  five  days'  time  and  issuance  of  commission  are  not 
waived,  then  omit  same,  and  add,  "  that  commission  do  issue  at  once," 
or  at  the  expiration  of  five  days  after  date  hereof),  and  agree  that  the 
answers  to  the  accompanying  interrogatories  may  be  taken  on  the 
originals,  by  any  officer  duly  authorized  under  the  law  to  take  and 
certify  to  the  same,  and  that  when  so  taken,  they  may  be  returned  into 
court,  subject  to  all  other  legal  exceptions. 

Witness  our  hands  this  ....  day  of ,  A.  D.  19. . . 


Attorney  for  Plaintiff. 
Attorney  for  Defendant. 


No.  404. 
COMMISSION  TO  TAKE  TESTIMONY. 

The  State  of  Texas,  to  the  Clerk  of  the  District  Court,  Judge  or  Clerk 
of  the  County  Court,  or  any  Notary  Public  in  and  for  the  County  of 
,  State  of  Texas  —  Greeting : 

We  hereby  authorize  and  require  you,  or  either  of  you,  to  summon 

,  a  resident  of  your  county,  to  come  before  you  forthwith, 

and  that  you  then  and  there  take  his  answers,  under  oath,  to  the  attached 
copy  of  direct  and  cross-interrogatories,  and  that  you  return  the  same, 
without  delay,  to  the  clerk  of  this  court,  as  herein  provided: 

"1.  That  you  reduce  his  answers  so  taken  to  writing,  in  proper  form, 
and  cause  the  same  to  be  subscribed  and  sworn  to  by  said  witness. 

2.  That  you  certify  under  your  hand  and  seal  of  office  that  said 
answers  were  sworn  to  and  subscribed  before  you. 

3.  That  you  seal  up  in  an  envelope  the  answers  so  taken,  together 
with  the  annexed  interrogatories,  and  this  commission,  with  your  name 
across  the  seal. 

4.  That  you  indorse  on  the  envelope  the  name  of  the  parties  to  this 
suit,  and  the  name  of  said  witness. 


302  TEXAS  CIVIL  FORM  BOOK. 

5.  That  you  direct  the  package  to  the  "  Clerk  of  the Court 

of County, Texas." 

6.  That  if  said  package  is  sent  by  mail,  the  postmaster  or  his  deputy 
shall  indorse  thereon  that  he  received  it  from  your  hands,  and  sign  his 
name  thereto;  or  if  you  intrust  it  to  private  conveyance,  as  provided  by 
the  statute,  you  will  apprise  the  person  receiving  it  that  it  must  be 
delivered  to  the  clerk  of  this  court  by  himself  in  person;  which  evidence, 
so  taken  as  above,  is  to  be  used  on  the  trial  of  a  suit  now  pending  in  the 

Court  of County,  in  said  State  of  Texas,  wherein 

is  plaintiff  and is  defendant. 

Herein  fail  not,  but  make  return  of  this  writ  as  the  law  directs. 

Given  under  my  hand  and  seal  of  office  at ,  Texas,  this  .... 

day  of ,  A.  D.  19.. 

Attest 

Clerk  of  the Court  of County,  Texas. 

,  Deputy. 

R.  S.  Art.  2280   (2225). 


No.  405. 

INDORSEMENT  ON  COMMISSION. 

File  No In  the Court  of County,  ........ 

Term,  A.   D.   19 vs Commission  to 

take  the  depositions  of Issued  the  ....  day  of ,  A.  D. 

19 clerk.      Eeturned    and    filed   the  ....  day   of , 

A.  D.  19 clerk, Court  of County, 

Texas.     By ,  deputy. 

DEPOSITIONS  OF  PARTIES. 

R.  S.  Arts.  2292-2298  (2238-2244). 

The  deposition  of  either  party  to  a  suit  who  is  a  competent  witness 
therein  may  be  taken  in  his  own  behalf  in  the  same  manner  and  with 
like  effect  with  the  depositions  of  other  witnesses. 
R.  S.  Art.  2292   (2238). 

May  take  depositions  of  adverse  party. 
R.  S.  Art.  2293  (2239). 

Where  either  party  to  any  suit  is  a  corporation,  neither  party  thereto 
shall  be  permitted  to  take  ex  parte  depositions. 
R.  S.  Art.  2293a  (Acts  1897,  p.  117). 


TKXAS  CIVIL  FOHM   BOOK.  303 

No.  406. 

AFFIDAVIT  UPON  DELIVERY  OF  DEPOSITIONS. 
The  State  of  Texas,  County  of 

Before  me, ,  a  justice  of  the  peace  in  and  for  precinct 

No ,  of  said  county  (if  before  the  county  or  district  clerk  so  state), 

in  person  appeared ,  the  bearer  of  the  within  package, 

who,  being  duly  sworn,  says  he  received  the  same  from  the  hands  of 

,  notary  public  of County,  in  said  State,  that 

the  said  package  has  not  been  out  of  his  possession  since,  nor  has  it  or 
its  contents  undergone  any  alteration. 


Sworn  to  and  subscribed  before  me,  this  ....  day  of ,  A.  D. 

19.. 


K.  S.  Art.  2296  (2231). 


No.  407. 

AFFIDAVIT  FOR  SERVICE  OF  NOTICE  OF  INTERROGATORIES  BY  PUB- 
LICATION. 


vs. No Suit  Pending  in 

Court  of County. 

Before  me,  the  undersigned  authority,  on  this  day  personally  appeared 

,  plaintiff  in  the  above  entitled  suit,  who,  being  by  me 

duly  sworn,  says  that ,  defendant  therein,  is  without  the 

limits  of  the  State  of  Texas,  and  not  within  the  jurisdiction  of  this 
court,  and  that  said  defendant  has  no  attorney  of  record.  Wherefore 
he  prays  that  notice  of  the  filing  of  the  attached  interrogatories  may  be 
given  by  publication. 


Sworn  to  and  subscribed  before  me,  this  ....  day  of  ,  A.  D. 

19.. 


R.  S.  Art.  2275  (2220). 

The  above  affidavit  must  be  varied  so  as  to  state  the  fact  as  it  exists, 
which  authorizes  service  by  publication,  viz:  That  the  party  is  beyond 
the  jurisdiction  of  the  court,  or  that  he  cannot  be  found,  or  has  de- 
ceased since  the  commencement  of  the  suit,  and  such  death  has  been 
suggested  at  a  prior  term  of  the  court,  so  that  notice  and  copy  of  inter- 
rogatories cannot  be  served  upon  him  for  the  purpose  of  taking  deposi- 
tions, and  such  party  has  no  attorney  of  record  upon  whom  they  can  be 


304  TEXAS  CIVIL  FORM  BOOK. 

served;  or  that  he  is  deceased,,  and  that  the  persons  entitled  to  ckim 
by  or  through  such  deceased  defendant  have  not  made  themselves  parties 
to  the  suit  and  are  unknown. 
R.  S.  Art.  2275   (2220). 


No.  408. 
CAPTION  TO  DEPOSITIONS  IN  THE  FEDERAL  COURTS. 

The  State  of  Texas,  County  of Suit  Pending  in  the  District 

Court  of  the  United  States  for  the e.  District  of  Texas, 

Term,  A.  D.  19 . . ' 

vs No 

Depositions  of ,  witness  for  plaintiff,  taken  on  the  .... 

day  of ,  A.  D.  19 .  .,  before  me, ,  a  notary  public  in 

and  for  the  county  of ,  in  the  State  of  Texas,  at  my  office  in 

the  city  of  ,  between  the  hours  of  ....  o'clock  .  .  m.,  and 

....  o'clock  .  .  m.,  of  said  day.  And  the  said  ,  the 

witness  named  in  the  notice  hereto  annexed,  personally  appeared  before 
me  to  depose  in  a  civil  case  pending  in  the  District  Court  of  the  United 

States  for  the  ....  District  of  the  State  of  Texas,  wherein is 

plaintiff  and is  defendant;  and  that  I  was  then  and  there 

attended  l>j ,  Esq.,  counsel  for  plaintiff,  and , 

Esq.,  counsel  for  the  defendant ;  and  that  said ,  being  of 

lawful  age  and  sound  mind,  and  being  by  me  first  duly  examined,  cau- 
tioned and  sworn  to  tell  the  truth,  the  whole  truth,  and  nothing  but  the 
truth,  touching  his  knowledge  of  the  matters  and  things  in  controversy, 
in  said  civil  cause,  deposes  and  says  as  follows: 

Question  No.  1. 

Answer,  etc. 

CERTIFICATE    TO    DEPOSITIONS    IN    THE    FEDERAL    COURT. 

The  State  of  Texas,  County  of 

I,  ,  a  notary  public  ii\  and  for  said  county  and  State, 

do  hereby  certify  that  the  facts  stated  by  me  in  the  caption  to  the  fore- 
going deposition  are  true ;  that  the  foregoing  deposition  of , 

the  'witness,  was,  at  the  time  named,  reduced  to  writing  by  me,  in  the 
presence  of  the  deponent,  and  to  him  by  me  carefully  read  over,  and 
by  him  subscribed  in  my  presence,  after  being  so  reduced  to  writing, 
and  that  the  reason  for  taking  said  deposition  was  that  the  deponent, 

the  witness,  ,  resides  at  ,  Texas,  more  than  one 

hundred  miles  from ,  Texas,  where  said  civil  cause  is  appointed 

to  be  tried  (or  any  other  statutory  reason  for  the  taking). 

I  further  certify  that  I  am  not  of  counsel  to  either  of  the  parties  to 


TEXAS  CIVIL  FORM  BOOK.  305 

this  suit,  nor  interested  in  the  event  of  this  cause ;  and  that  "it  being 
impracticable  for  me  to  deliver  said  deposition  with  my  own  hands  into 
the  court  for  which  it  was  taken,  I  retained  the  same  for  the  purpose  of 
being  sealed  up  by  me  and  speedily  and  safely  transmitted  by  mail  to 
said  court,  for  which  it  was  taken  (or  returned  the  same  into  court  in 
person),  and  to  remain  under  my  seal -entire  until  opened;  that  the  fee 

for  taking  the  said  deposition,  to  wit,  $ ,  has  been  paid  to  me  by 

,  the  plaintiff,  and  that  the  same  is  just  and  reasonable 

for  the  service. 

Given  under  my  hand  and  seal,  at ,  Texas,  this  ....  day  of 

.  A.  D.  19.. 


Notary  Public,   County,  Texas. 


No.  409. 
PRECEPT  TO  SERVE  NOTICE  OF  INTERROGATORIES  BY  PUBLICATION. 

The  State  of  Texas,  to  the  Sheriff  or  any  Constable  of County—- 
Greeting : 

You  are  hereby  commanded  to  make  service,  by  publication  in  a  news- 
paper for  thirty  days  of  the  following  notice,  in  words  and  figures  as 
follows,  to  wit: 

vs No Suit  Pending  in 

Court  of County. 

To  all  persons  interested  in  the  above  entitled  suit: 

Notice  is  hereby  given  that  . .- ,  plaintiff,  has  filed  inter- 
rogatories in  a  certain  suit  pending  in  the Court  (or  before 

,  Esq.,  justice  of  the  peace  in  precinct  No ,  as  the 

case    may    be),    of County,    Texas,    wherein is 

plaintiff  and  . . . .' is  defendant,  No.  . . . .,  to ,  a 

witness  who  resides  in County,  Texas,  the  answers  to  which  will 

be  read  in  evidence  on  the  trial  of  said  cause;  and  has  also  filed  an 
affidavit  in  said  suit  that  (here  state  the  substance  of  the  affidavit);  and 
that  a  commission  will  issue  on  or  after  the  thirtieth  day  after  the  pub- 
lication of  this  notice,  to  take  the  deposition  of  said  witness. 

Witness :     

Clerk  of  the Court  of County. 

Given  under  my  hand  and  the  seal  of  said  court,  at  office  in  the  town 
of  .  .  this  the  .  .  dav  of \.  D.  19... 


Clerk Court,   County. 

Form  Book  — 20. 


306  TEXAS  CIVIL  FORM  BOOK. 

And  of  this  precept,  and  how  you  have  executed  the  same,  make  due 
return. 

Witness : : 

Clerk  .........  Court,  County. 

Given  under  my  hand  and  the  seal  of  said  court,  at  office  in  the  town 
of ,  this  the  ....  day  of '.,  A.  D.  19 ... 


Clerk Court,    County. 

Issued  this  the  ....  day  of ,  A.  D.  19 ... 

Clerk Court,   County. 

R.  S.  Art.  2275  (2220). 

The  above  notice  shall  be  published  thirty  days  before  commission 
can  issue. 


No.  410. 

OFFICER'S  RETURN  ON  THE  FOREGOING  PRECEPT  TO  SERVE  NOTICE 
OF  INTERROGATORIES  BY  PUBLICATION. 

Came  to  hand  on  the  ....  day  of ,  A.  D.  19 .  .,  at  .  . .  .  o'clock 

.  .m.,  and  I  executed  the  within  notice,  by  publishing  the  same  for 

thirty  days  in  the ,  a  newspaper  published  at  .........  in  the 

county  of ,  State  of  Texas,  once  in  each  week  for  four  successive 

weeks  previous  to  the  return  day  hereof,  said  publication  having  been 

made,  respectively,  on  the  .  . .  . ,  .  . . . ,  ....  and  ....  days  of , 

A.  D.  19.  .,  and  a  printed  copy  thereof  is  returned  herewith.    The  dis- 
tance actually  traveled  in  the  execution  of  such  process  is  ....  miles. 


Sheriff  of County,  Texas. 

By ,  Deputy. 

R.  S.  Art.  2275  (2220). 

The  statutes  provide  that  said  notice  shall  be  published  for  thirty  days 
in  some  newspaper,  but  fails  to  state  how  often  the  same  shall  be  pub- 
lished, whether  once  or  more  than  one  issue.  One  issue  made  thirty  days 
before  the  issuance  of  commission  would  probably  meet  the  requirements 
of  the  law,  but  one  issue  in  each  week  for  four  successive  weeks,  the  first 
issue  being  thirty  days  prior  to  the  issuance  of  the  commission,  it  seems 
would  fully  meet  the  requirements  of  the  statutes. 

In  suits  where  service  of  process  has  been  made  by  publication  and 
the  defendant  has  not  answered  within  the  time  prescribed  by  law, 
service  of  notice  of  filing  interrogatories  may  be  made  at  any  time  after 


TEXAS  CIVIL  FORM  BOOK.  307 

the  day  when  the  defendant  is  required  to  answer,  by  filing  such  notice 
among  the  papers  of  the  suit  at  least  twenty  days  before  the  issuance  of 
a  commission;  service  of  notice  may  also  be  had  in  the  manner  pre- 
scribed in  article  2275  (2220). 
R.  S.  Art.  2276  (2221). 

When  suit  has  not  been  commenced,  and  when  any  person  may  antici- 
pate the  institution  of  a  suit  in  which  he  may  be  interested,  and  may 
desire  to  perpetuate  the  testimony  of  a  witness  to  be  used  in  such  suit, 
the  depositions  of  such  witness  may  be  taken  as  provided  in 

R.  S.  Art.  2277  (2222). 


No.  411. 

SUBPOINA   TO  WITNESS  TO  ANSWER  INTERROGATORIES. 

The  State  of  Texas,  to  the  Sheriff  or  any  Constable  of County 

— Greeting : 

You  are  hereby  commanded  that  you  summon to  be  and 

appear  before  me,  a  notary  public  in  and  for County,  Texas,  at 

my  office  in  the  town  of ,  in  said  county,  on  the  ....  day  of 

,  A.  D.  19.  .,  then  and  there  to  make  his  answers,  under  oath,  to 

certain  direct  and  cross-interrogatories  propounded  to  him,  now  in  my 

possession,  issued  out  of  the Court  of County,  Texas, 

in  a  certain  suit  pending  in  said  court,  No ,  wherein 

is  plaintiff  and is  defendant,  and  that  he  continue  his 

attendance  from  day  to  day,  until  discharged  by  me. 

Herein  fail  not,  but  have  you  then  and  there  before  me  at  my  said 
office  this  writ,  with  your  return  thereon,  showing  how  you  have  ex- 
ecuted the  same. 

Witness  my  official  signature,  at ,  Texas,  on  this,  the  .... 

day  of ,  A.  D.  19... 


Notary  Public  in  and  for County,  Texas. 

OFFICER'S  RETURN  TKEREON. 

Came  to  hand  on  the  ....  day  of ,  A.  D.  19. .,  at  ...  ..o'clock 

.  .m.,  and  executed  on  the  ....   day  of  ,  A.  D.  19.  .,  at  .... 

o'clock   .  .    m.,  by  reading  the  within  subprena  to    ,  the 

within  named  witness,  at ,  in County,  Texas.     The 

distance  actually  traveled  in  the  execution  of  such  process  is  ....  miles. 


Sheriff  (or  Constable)  of County,  Texas. 

R.  S.  Art.  2282   (2227). 


308  TEXAS  CIVIL  FORM  BOOK. 

If  the  witness  after  being  duly  summoned  shall  fail  to  appear,  or 
having  appeared  shall  refuse  to  answer  the  interrogatories,  such  officer 
shall  have  power  to  issue  an  attachment  against  such  witness  and  to 
fine  and  imprison  him  in  like  manner  as  the  district  and  county  courts 
are  empowered  to  do  in  like  cases. 

R.  S.  Art.  2283   (2228). 


No.  412. 
ATTACHMENT  FOR  WITNESS  BY  NOTARY. 

The  State  of  Texas,  to  the  Sheriff  or  any  Constable  of County 

—  Greeting : 

You  are  hereby  commanded  to  attach  the  body  of ,  and 

bring  him  before  the  undersigned,  at  his  office  in  the  city  of  .  . . , 

Texas,  at  ....  o'clock  .  .  m.,  on  the  ....   day  of ,  A.  D.  19 . . , 

forthwith,  then  and  there  to  testify   as  a  witness  in  behalf   of  the 

plaintiff,  in  a  cause  pending  in  the Court  of County, 

Texas,  Avherein is  plaintiff,  and is  defendant, 

and  to  then  and  there  answer  certain  interrogatories  now  on  file  with 
me,  attached  to  a  certain  commission  issuing  out  of  said  court  in  said 
case,  and  delivered  to  me  for  execution;  and  further,  to  show  cause  why 
he  should  not  be  fined  by  me  for  disobedience  to  a  writ  of  subpoena 
heretofore  issued  by  me  in  this  behalf,  wherein  he  was  commanded  to 

appear  before  me,  at  my  said  office  in  the  city  of ,  Texas,  on 

the  ....  day  of ,  A.  D.  19.  .,  and  it  having  been  shown  to  me  by 

the  affidavit  of that  the  lawful  fees  have  been  paid  or 

tendered  to  said  witness. 

Herein  fail  not,  but  due  return  make  of  this  writ  forthwith,  showing 
how  you  have  executed  the  same. 

AAritness  my  hand  and  notarial  seal  this  ....  day  of ,  A.  D.  19.  ., 

(Seal.)  : 

Notary  Public,   County,  Texas. 

COMMITMENT  OF  WITNESS  BY  NOTARY. 

The  State  of  Texas,  to  the  Sheriff  or  any  Constable  of County 

— Greeting : 

Wnj  'are  hereby  commanded  that  you  take  into  custody,  and  commit: 

to  the  jail  of  your  county, ,  the  witness,  who  has  this  day 

been  by  me  adjudged  guilty  of  contempt,  for  refusing  to  answer  certain 
interrogatories  propounded  to  him  at  my  office  in  the  city  of  .......... 

Texas,  while  acting  under  and  by  virtue  of  a  commission  issued  out  of 

the Court    of .  County,    Texas,    in    a    certain    cause 

therein  pending,  wherein is  plaintiff  and is 


TEXAS  CIVIL  FORM  BOOK.  309 

defendant,  said  interrogatories  having  been  delivered  to  me  attached  to 
said  commission;  and  I  have  fixed  the  punishment  of  the  said  witness 

at  a  fine  of dollars,  and  the  costs  in  this  behalf  expended,  and 

imprisonment  until  such  time  as  said  witness  shall  have  purged  himself 
of  said  contempt  by  consenting  to  give  his  true  answers  to  the  said 
interrogatories.    And  you  will  him  safely  keep  until  such  fine  and  costs- 
have  been  paid,  and  until  he  is  legally  discharged  by  me. 

Given   under  my   hand  and   notarial   seal   this  ....  day   of , 

A.  D.  19..  > 


Notary  Public,    County,  Texas. 

R.  S.  Art.  2283   (2228). 

If  the  witness  is  fined  and  imprisoned  by  the  notary,  an  order  to  £hal 
effect  should  be  entered  by  him  on  his  notarial  record. 


INJUNCTION. 

R.  S.  Arts.  2989-3016  (2873-2898). 

Writs  of  injunction  granted,  when. 
R.  S.  Art.  2989  (2873). 

See  also  E.  S.  Arts.  82,  restraint  of  contested  claims  under  assign- 
ment; 318-c,  infringement  of  trade  mark;  2984,  restraining  the  husband 
from  disposing  of  property  pending  suit  for  divorce. 

Gambling,  29th  Leg.,  Reg.  Ses.    (1905),  p.  372. 

Local  option,  29th  Leg.,  Reg.  Ses.   (1905),  p.  95. 


No.  413. 
PETITION  FOR   INJUNCTION  TO   RESTRAIN   THE  SALE   OF   PROPERTY. 

vs In .  Court,   County, 

Texas,  Term,  A.  D.  19 .. 

To  the  Honorable ,  Judge  of  said  Court: 

Now  comes   your   petitioner,    ,   a   resident  citizen   of 

County,  and  Staie  of  Texas,  plaintiff  in  the  above  entitled 

cause,  complaining  of ,  defendant,  who  resides  in 

County,  Texas,  and  respectfully  represents  to  the  court,  that  heretofore, 

to  wit,  on  the  ....  day  of ,  A.  D.  19. .,  he  instituted  in  this  court 

his  said  suit  against  the  defendant  to  recover  on  a  certain  promissory 
note  for dollars,  payable  to  plaintiff  on  the  ....  day  of ,. 


310  TEXAS  CIVIL  FORM  BOOK. 

A.  D.  19.  .,  executed  and  delivered  to  him  by  the  said  defendant,  which 
said  promissory  note,  being  then  and  now  due,  was  then,  and  now  is,  the 
property  of  this  plaintiff. 

Plaintiff  further  says  that  the  said  suit  is  still  pending  in  this  court, 

being  No on  the  docket  hereof.  He  further  says  that  the  only 

property  owned  by  the  defendant  subject  to  execution,  and  which  can 
be  sold  to  satisfy  any  judgment  that  may  be  rendered  against  him  in 

said  suit,  is  that  certain  property  described  as  follows :  (here 

describe  the  property) ;  the  debt  involved  in  the  said  suit  being  for  the 
purchase  money  of  the  same.  Plaintiff  says  that  the  said  defendant  is 
now  offering  the  said  property  for  sale,  and  is  endeavoring  to  accomplish 
the  sale  of  the  said  property,  in  order  to  realize  the  value  of  the  same 
pending  judgment  in  said  cause,  to  the  end  that  it  may  not  be  subjected 
to  the  paymen't  of  such  judgment  as  may  be  rendered  in  favor  of  plain- 
tiff in  said  cause,  and  to  the  irreparable  damage  of  plaintiff  in  the  sum 
of  dollars. 

Wherefore,  the  premises  considered,  plaintiff  prays  your  honor  to 
issue  writ  of  injunction  restraining  the  said  defendant  from  selling  or 
further  offering  for  sale  the  said  property  pending  the  determination  of 
the  said  suit  now  pending  in  this  court. 


The  State  of  Texas,  County  of 

I  solemnly  swear  that  I  am  the  plaintiff  in  the  above  cause,  and  that 
the  matters  stated  in  the  foregoing  petition  are  true. 


Sworn  to  and  subscribed  before  me,  this  the   ....   day  of 
A.  D.  19.. 
(Seal.)  

R.  S.  Art.  2992  (2876). 


No.  414. 

PETITION  BY  A  LANDLORD  AGAINST  A  LESSEE  FOR  YEARS,   TO  RE- 
STRAIN WASTE. 

The  State  of  Texas,  County  of .  .     In  District  Court  of  ... 

County,  Texas,  Term,  A.  D.  19 .. 

To  the  Honorable ,  Judge  of  said  Court : 

Now  comes  your  petitioner,    ,  a  resident  citizen  of 

County,  and  State  of  Texas,  hereinafter  called  plaintiff,  com- 
plaining of ,  who  resides  in County,  Texas,  here- 
inafter called  defendant,  and  for  cause  of  action,  plaintiff  respectfully 
represents  to  the  court,  that  heretofore,  to  wit,  on  and  prior  to  the  .... 


TEXAS  CIVIL  FORM  BOOK.  311 

day  of ,  A.  D.  19 .  .,  he  was  seized  in  fee  simple,  in  his  own  right 

of  the  following  described  land  and  tenements,  to  wit:  

(here  describe  the  same). 

That  plaintiff  being  so  seized  and  possessed  of  said  land  and  premises 

as  aforesaid,  by  a  certain  lease  bearing  date  the  ....  day  of , 

A.  D.  19. .,  and  made  between  the  plaintiff  of  the  one  part  and  said 
defendant  of  the  other  part,  he,  the  said  plaintiff,  did  demise  and  lease 
unto  the  said  defendant,  his  executors,  administrators  and  assigns,  the 
above  described  land  and  premises,  to  hold  the  same,  with  the  appur- 
tenances, unto  the  said  defendant,  his  executors,  administrators  and 

assigns,  from  the  ....  day  of ,  A.  D.  19 .  .,  for  the  term  of 

years,  at  the  yearly  rent  of dollars. 

That  said  defendant  did,  in  and  by  virtue  of  said  lease,  for  himself, 
his  heirs,  executors,  administrators  and  assigns,  covenant,  promise  and 
agree  with  the  plaintiff,  his  heirs,  executors,  administrators  and  assigns, 
that  he  would  during  the  said  term  keep  the  said  premises  in  good  re- 
pair, and  manage  and  cultivate  the  said  farm  and  lands  in  a  proper  and 
husbandlike  manner,  according  to  the  custom  of  the  country,  as  will 
more  fully  appear  by  said  lease,  to  which  reference  is  hereby  made. 
That  said  defendant,  under  and  by  virtue  of  said  lease,  entered  upon 
said  demised  premises,  with  the  appurtenances,  and  became  and  was 
possessed  thereof  for  the  said  term,  so  to  him  granted  by  plaintiffs,  as 
aforesaid. 

That  a  portion  of  said  premises,  containing  about acres,  con- 
sists of  standing  timber  of  great  value,  to  wit,  of  the  value  of 

dollars;  that  defendant  has  commenced  cutting  down  portions  of  said 

timber,  to  plaintiff's  damage dollars,  and  threatens  to  continue 

cutting  the  same. 

Wherefore  plaintiff  prays  for  a  writ  of  injunction  restraining  the 
defendant  from  cutting  the  remainder  of  the  timber  upon  said  premises, 
and  from  selling,  drawing  away  or  interfering  with  such  timber  as  has 
already  been  cut  and  still  remains  upon  said  premises,  and  from  com- 
mitting or  permitting  any  further  waste  or  spoil  in,  on  or  to  said  de- 
mised premises,  or  any  part  thereof;  that  said  defendant  be  cited  to 
answer  this  petition;  that  plaintiff  have  judgment  that  said  injunction 
be  made  perpetual,  and  for  his  damage  aforesaid  and  costs  of  suit,  and 
for  such  other  and  further  relief,  special  and  general,  in  law  and  in 
equity,  that  he  may  be  justly  entitled  to. 


The  State  of  Texas,  County  of 

I  solemnly  swear  that  I  am  the  plaintiff  in  the  above  cause,  and  that 
the  matters  stated  in  the  foregoing  petition  are  true. 


Sworn  to  and  subscribed,  etc. 
R.  S.  Art.  2992  (2876). 


312  TEXAS  CIVIL  FORM  BOOK. 

No.  415. 

JUDGE'S  FIAT  ON  PETITION. 

The  State  of  Texas,  County  of  In  Chambers,  this  ....  day 

of ,  A.  D.  19.. 

The  foregoing  petition  for  injunction  being  considered,  it  is  ordered 

that  the  clerk  of  the Court  of County,  Texas,  issue  a 

writ  of  injunction  in  all  things  as  prayed  for  in  the  within  petition  (or 
with  such  modifications,  limitations  and  restrictions,  as  the  judge  may 
specify),  upon  the  petitioner  executing  to  the  adverse  party  a  bond, 

with  two  or  more  good  and  sufficient  sureties,  in  the  sum  of 

dollars  (if  applied  for  to  restrain  the  execution  of  a  money  judgment 
or  the  collection  of  a  debt,  the  bond  shall  be  double  the  amount  of 
judgment  or  debt),  conditioned  as  the  law  requires. 


Judge  of Court, County.  Texas. 

R.  S.  Art.  2993   (2877). 


No.  416. 

BOND   FOR   INJUNCTION. 

vs In Court,     County, 

Texas. 

Whereas,  .  . . ,  plaintiff  in  the  above  styled  cause,  pending 

in  the  said  court,  has  this  day  sued  out  in  said  court  an  injunction  to 

restrain ,  defendant  in  said  suit,  from  selling  or  offering 

for  sale,  pending  determination  of  said  suit,  certain  property  described 
in  the  petition  for  injunction:  Now,  therefore,  know  all  men  by  these 

presents,  that  we,  ,  as  principal,  and and 

,  as  sureties,  do  hereby  acknowledge  ourselves  bound  to 

pay  to the  sum  of dollars  (the  amount  fixed  by  the 

order  of  the  judge),  conditioned  that ,  plaintiff  in  said 

suit,  will  abide  the  decision  which  may  be  made  therein,  and  pay  all 
sums  of  money  and  costs  that  may  be  adjudged  against  him,  if  the 
injunction  granted  in  said  suit  be  dissolved  in  whole  or  in  part. 

Witness  our  hands  this  the  ....  day  of ,  A.  D.  19.  . 


Approved  this  the  ....  day  of ,  A.  D.  19 .  . 

(Seal.)  

Clerk  of Court, County,  Texas. 

-R.  S.  Art.  2997  (2881). 


T  i:\.\s  CIVIL  FORM  BOOK.  313 

No.  417. 
WRIT  OF  INJUNCTION. 

vs In Court, County, 

Texas. 

To —  Greeting: 

\\  hcreas ,  plaintiff  in  the  above  styled  cause,  now  pend- 
ing in  said  court,  on  the  .  . .  day  of ,  A.  D.  19. .,'  filed  his  petition 

for  injunction,  alleging  that  you,  defendant  in  said  suit,  are  now  offer- 
ing for  sale  and  endeavoring  to  sell  that  certain  property  belonging  to 

you,  described  in  said  petition  as  follows :  (here  describe  the 

property);  the  same  being  the  only  property  belonging  to  you  subject 
to  execution  in  the  event  judgment  shall  be  rendered  against  you  in 
said  suit,  and  that  you  are  so  offering  and  endeavoring  to  sell  the  said 
property  in  order  to  defeat  its  subjection  to  such  judgment  as  may  be 
rendered  against  you,  and  praying  for  injunction  to  restrain  you  from 
further  offering  or  endeavoring  to  sell  the  said  property  pending  the 

determination  of  said  suit;  and  whereas,  the  honorable , 

judge  of  said  court,  has  issued  his  fiat  on  said  petition,  commanding  that 
the  writ  of  injunction  in  all  things  as  prayed  for  in  said  petition  shall 

issue;  and  whereas,  the  said has  executed  and  filed  with 

the  clerk  of  said  court  a  bond  in  the  sum  of dollars,  payable  and 

conditioned  as  required  by  law  and  the  order  of  the  said  judge. 

These  are  therefore  to  command  you  that  you  desist  and  refrain  from 
selling  the  said  property  until  the  further  orders  of  the  said  court,  to  be 

hoi  den  within  and  for  the  county  of ,  at  the  courthouse  thereof, 

in ,  on  the  ....  day  of ,  A.  D.  19. .,  when  and  where 

this  writ  is  returnable. 

Witness ,  Clerk  of  the Court  of County. 

Given  under  my  hand  and  seal  of  said  court,  at  office  in ,  this 

the day  of ,  A.  D.  19.. 

(Seal.) 

Clerk  of Court, County,  Texas. 

R.  S.  Art.  2999   (2883). 

• 

OFFICER'S  RETURN  ON  WRIT. 

Came  to  hand  this  the day  of ,  A.  D.  19. .,  at o'clock 

.  .m. ;  executed  on  the  same  day  at  ...  o'clock  .  .m.,  by  delivering  a 
true  copy  of  this  writ  to  the  within  named  defendant, 


Sheriff  of County,  Texas. 

R.  S.  Art.  3002   (2886). 

Any  injunction  restrains  the  counselors,  solicitors,  attorneys,  agents, 
servants  and  employes  of  the  party,  as  well  as  the  party  himself. 
It.  S.  Art.  3004  (2888). 


314  TEXAS  CIVIL  FORM  BOOK. 

Citation  shall  also  issue  to  the  defendant  as  in  other  civil  cases,  whet! 
such  writ  does  not  pertain  to  a  suit  pending  in  the  court. 
R.  S.  Art.  3005  (2889). 

No  injunction  shall  be  dissolved  before  final  hearing  because  of  a 
denial  of  the  material  allegations  of  the  plaintiff's  petition,  unless  the 
answer  denying  the  same  is  verified  by  the  oath  or  affirmation  of  the 

defendant. 

R.  S.  Art.  3006  (2890). 


No.  418. 
REFUNDING  BOND  ON  DISSOLUTION. 

vs In Court,  County, 

Texas.     In  Chambers,  this  ....  day  of ^  A.  D.  19 .. 

Whereas,  the  writ  of  injunction  sued  out  in  this  court  in  the  above 

styled  cause  restraining  the  defendant from  collecting  the 

dollars  in  money  described  in  the  petition  for  injunction,  has 

this  day,  by  an  interlocutory  order  of  the  court,  been  dissolved,  and  said 
petition  continued  over  for  trial:  Now  therefore  know  all  men  by  these 

presents,  that  we,  ,  as  principal,  and and 

,  as  sureties,  do  hereby  acknowledge  ourselves  bound  to 

pay  to ,  complainant,  the  sum  of dollars  (double  the 

amount  of  money  enjoined),  conditioned  that ,  defendant 

in  said  suit,  will  refund  to  the  complainant, ,  the  amount 

of  money,  interest  and  costs,  which  may  be  collected  of  him  in  the  suit 
or  proceeding  enjoined,  in  the  event  such  injunction  is  made  perpetual 
on  final  hearing. 

Witness  our  hands  this  the  ....  day  of ,  A.  D.  19. . 


Approved  this  the  ....  day  of ,  A.  D.  19 . . 


Clerk  of Court, County,  Texas. 

R.  S.  Art.  3008   (2892). 


TEXAS  CIVIL  FORM  BOOK.  315 

No.  419. 

APPLICATION  FOR  ATTACHMENT  FOR  DISOBEDIENCE  OF  AN  INJUNC- 
TION. 

vs No In  the Court  of 

County,  Texas. 

,  plaintiff  in  the  above  entitled  and  numbered  cause, 

being  duly  sworn,  says  that  heretofore,  to  wit,  on  the  ....  day  of , 

A.  D.  19. .,  a  writ  of  injunction  issued  out  of  the Court  of 

County,  Texas,  directed  to ,  defendant  in  said 

cause,  commanding  him .  (here  state  the  command  of  the  writ), 

and  that  said  writ  was  duly  served  on  the  said on  the  .... 

day  of ,  A.  D.  19.  . ;  that  said hath  hitherto  refused, 

and  doth  now  wholly  fail  and  refuse,  to  obey  the  commands  of  the  said 
writ,  but  on  the  contrary,  etc.  (here  state  the  acts  supposed  to  be  in 
violation  of  the  writ). 


Sworn  to  and  subscribed  before  me,   this   the  ....  day   of 
A.  D.  19.. 


Clerk  of Court,  County,  Texas. 

R.  S.  Art.  3012  (2896). 


No.  420. 
ORDER  OF  COURT  OR  JUDGE. 

The  State  of  Texas,  County  of  , In  Chambers,  this day 

of ,  A.  D.  19.. 

The  within  affidavit  having  been  read  and  fully  understood,  it  is 
ordered  that  a  writ  of  attachment  do  issue  to  the  sheriff  or  any  constable 

of County,  Texas,  requiring  him  to  arrest  the  said 

and  have  him  before  me,  at  chambers  (or  before  the  court)  at , 

on  the  ....  day  of ,  A.  D.  19. .,  at o'clock  . .  m. 


Judge  of  the Court, County. 

R.  S.  Art.  3012  (2896). 


316  TEXAS  CIVIL  FORM  BOOK. 

No.  421. 

ATTACHMENT  FOR  DISOBEYING  AN  INJUNCTION. 

The  State  of  Texas.     To  the  Sheriff  or  any  Constable  of 

County  —  Greeting : 

You  are  hereby  commanded  that  you  arrest  the  person  of , 

if  to  be  found  within  your  county,  and  have  him  before  our  

Court,  of County  (or  before  the  judge),  on  the  ....  day  of 

,  A.  D.  19. .,  at  ....  o'clock  .  .m.,  then  and  there  to  answer 

for  an  alleged  contempt  in  disobeying  the  commands  of  a  writ  of  in- 
junction issued  out  of  said  court  on  the  ....  day  of ,  A.  D.  19. ., 

and  served  upon  said on  the  ....  day  of ,  A.  D. 

19..,  it  being  alleged  by  affidavit  filed  in  this  court  that  he  wholly 
fails  and  refuses  to  obey  the  command  of  said  writ.  You  are  further 
commanded  to  retain  him  in  custody  until  he  shall  be  discharged  by 
our  said  court. 

Herein  fail  not,  but  of  this  writ,  and  how  you  have  executed  the 
name,  make  due  return. 

Witness ,  Clerk  of  the Court  of County, 

Given  under  my  hand  and  the  seal  of  'said  court,  at  office  in  the  town 
of ,  this  the  .  . .  .,  day  of ,  A.  D.  19'.  . 


Clerk  of  Court,   County. 

Issued  this  the  ....  day  of ,  A.  D.  19.  . 


Clerk  of Court,   County. 

RETURN   TO   THE  FOREGOING  ATTACHMENT. 

Came  to  hand  the  ....  day  of  ....,.,  A.  D.  19 ..,  at  ....  o'clock  . . 
m.,  and  executed  on  same  day  by  arresting  the  person  of  the  within 

named   ,  at   ,   County,  Texas,  and  I  have 

him  now  before  the  court,  this  ....  day  of ,  A.  D.  19.  . 


Sheriff  of  County,  Texas. 

R.  S.  Art.  3012    (2896). 


TEXAS  CIVIL  FORM  BOOK.  317 

JUDGMENTS,  ORDERS  MAKING  PARTIES,  ETC 

No.  422. 

SUGGESTION  OF  THE  DEATH  OF  A  SOLE  DEFENDANT. 
vs No day  of ,  A.  D.  19 .  . 

And  now  conies  the  said (name  of  plaintiff)  by  his  at- 
torney, and  the  said  (name  of  defendant)  comes  not;  and 

hereupon  the  said  ,  plaintiff,  gives  the  court  here  to  un- 
derstand and  be  informed,  that  since  the  last  term  of  this  court  the  said 

,  defendant,  died.  It  is  therefore  ordered  that  a  writ  of 

scire  facias  do  issue  to  the  legal  representative  of  the  said , 

when  known,  requiring  him  to  appear  at  the  next  term  of  this  court, 
then  and  there  to  show  cause,  if  any  he  has,  why  he  should  not  be  made 
a  party  defendant  to  said  suit. 

R.  S.  Art.   1248   (1248). 


No.  423. 

ORDER  TO  MAKE  AN   ADMINISTRATOR   A  PARTY. 
vs No day  of ,  A.  D.  19 .  . 

And  now  comes  the  said (name  of  plaintiff)  by  his  at- 
torney, and  it  appearing  to  the  court  now  here  that  the  writ  of  scire 
facias  to  make  a  party  defendant  in  said  cause  has  been  duly  served 

upon ,  and  it  appearing  that  the  said is  the 

administrator  (or  executor,  as  the  case  may  be)  of  the  estate  of  the  said 

deceased,  it  is  therefore  ordered  that  the  said  suit  do 

proceed  against  the  said  ,  administrator  (or  executor,  as 

the  case  may  be),  as  aforesaid. 

R.  S.  Art.  1248   (1248). 


No.  424. 

SUGGESTION  OF  MARRIAGE  OF   A   FEMALE  PLAINTIFF. 
vs No day  of ,  A.  D.  19 .  . 

And  now  comes  the  plaintiff and  suggests  to  the  court, 

that  since  the  institution  of  this  suit  she  has  intermarried  with 
,  who  now  makes  himself  a  party  to  this  suit. 

R.  S.  Art.  1252   (1252). 


318  TEXAS  CIVIL  FORM  BOOK. 

No.  425. 

SUGGESTION  OF  MARRIAGE  OF  A  FEMALE  DEFENDANT. 
vs No day  of ,  A.  D.  19 .  . 

And  now  comes  the  plaintiff by  his  attorney,  and  the 

said  ,  defendant,  comes  not ;  and  hereupon  the  said 

gives  the  court  here  to  understand  and  be  informed,  that 

since  the  institution  of  this  suit  the  said  defendant, ,  has 

intermarried  with ,  who  now  resides  in County, 

Texas.  It  is  therefore  ordered  that  a  writ  of  scire  facias  do  issue  to 

the  said  ,  requiring  him  to  appear  at  the  next  term  of 

this  court,  then  and  there  to  show  cause,  if  any  he  has,  why  he  should 
not  be  made  a  party  defendant  to  said  suit. 

R.  S.  Art.  1253  (1253). 


No.  426. 

SCIRE  FACIAS  TO  MAKE  PARTIES. 

The  State  of  Texas.     To  the  Sheriff  or  any  Constable  of  

County  —  Greeting : 

Whereas,  at  the  last  term  of  a  court  holden  by  ,  Esq., 

a  justice  of  the  peace  in  precinct  No ,  in  the  county  of , 

at ,  on  the  ....  day  of ,  A.  D.  19 .  . ,  it  was  suggested  in 

open  court  that ,  the  defendant  in  a  certain  suit  therein 

pending,  wherein   is  plaintiff,  has  intermarried  with  one 

,  who  resides  in  the  county  of (If  the  death  of 

defendant  was  suggested   instead   of  marriage,   then   after  the  above 
words,  "  in  a  certain  suit  therein  pending,"  say,  numbered  ....  on  the 

docket  of  said  court,  wherein was  plaintiff  and  the  said 

was  defendant,  has  departed  this  life ;  and  it  was  ordered 

by  said  court  that  a  writ  of  scire  facias  do  issue  to  the  representatives 

of  the  said ,  when  known ;  and  it  appearing  that , 

a  citizen  of  your  county,  is  the  administrator  (or  executor,  as  the  case 
may  be)  and  representative  of  the  said ,  deceased)  : 

Therefore,  you  are  hereby  commanded  that  you   summon  the   said 

,  if  to  be  found  in  your  county,  to  be  and  appear  at  the 

next  regular  term  of  the  said  court,  to  be  holden  at  my  office  in  the  town 

of ,  in  the  county  of ,  on  the  ....  day  of ,  A.  D. 

19. .,  then  and  there  to  show  cause,  if  any  he  has,  why  he  shall  not  be 
made  a  party  defendant  to  said  suit.     Herein  fail  not,  but  of  this  writ 


TEXAS  CIVIL  FORM  BOOK.  319 

and  how  you  have  executed  the  same  make  due  return  according  to  law, 
on  the  said  first  day  of  the  next  term  of  said  court. 

Witness  my  hand  this  the  ....  day  of ,  A.  D.  19. . 


Justice  of  the  Peace,  County,  Texas. 

Issued  on  the  ....  dav  of ,  A.  D.  19 .  . 


Justice  of  the  Peace, County. 

R.  S.  Art.  1253  (1253). 

OFFICER'S  RETURN. 

Came  to  hand  on  the  ....  day  of ,  A.  D.  19 . .,  at  ....  o'clock 

.  .  m.,  and  executed  on  the  .  .; .  day  of  ,  A.  D.  19.  .,  at  .... 

o'clock  .  .   m.,  by  delivering  to  the  within  named  ,  in 

person,  at  ,  in  County,  Texas,  a  true  copy  of  this 

writ.     The  distance  actually  traveled  in  the  execution  of  such  process 
is  .      .   miles. 


Constable  of County. 

By ,  Deputy. 


Served  as  required  in  the  case  of  citations. 
R.  S.  Art.  1247  (1247). 


No.  427. 

ORDER  FOR  CONTINUANCE. 
vs No 

This  day  came  the  parties  by  their  attorneys,  and  then  came  on  to  be 
heard  the  motion  for  a  continuance,  now  here  made  by  the  said  plaintiff ; 
and  the  affidavit  in  support  thereof  being  read,  it  is  ordered  by  the  court 
that  this  cause  be  continued  until  the  next  term  of  this  court. 

R.  S.  Art.  1606  (1576). 

R.  S.  Arts.  1270-1277    (1276-1277)   repealed. 

R.  S.  Art.  1278  (1278)  1895,  amended. 


320  TEXAS  CIVIL  FORM  BOOK. 

No.  428. 

SUGGESTION  OF  THE  DEATH  OF  A  SOLE  PLAINTIFF,  AND  ORDER  MAK- 
ING HIS  REPRESENTATIVES  A  PARTY. 

vs Xo day  of ,  A.  D.  19 . . 

And  now  comes and  gives  the  court  here  to  understand 

and  be  informed,  that  since  the  last  term  of  this  court  the  said  plaintiff, 
,  died,  and  that  the  said is  now  the  admin- 
istrator (or  executor,  as  the  case  may  be)  of  the  estate  of  the  said 

,  deceased ;  and  that  the  judgment  recovered  in  this  cause 

in  behalf  of  the  said would  be  assets  in  his  hands,  which 

the  said ,  defendant,  does  not  deny,  but  admits  the  same 

to  be  true. 

It  is  therefore  ordered  that  this  suit  be  continued  in  the  name  of 

"the  said ,  administrator  (or  executor,  as  the  case  may  be), 

as  aforesaid  of  the  said 

R.  S.  Art.  1246  (1246). 


No.  429. 

SUGGESTION  OF  THE  DEATH  OF  ONE  OF  TWO  PLAINTIFFS,  THE  CAUSE 
OF  ACTION  SURVIVING. 

and  vs Xo day 

of ,  A.  D.  19.. 

And  now  comes  the  said ,  by  his  attorney,  and  the  said 

comes  not ;  and  hereupon  the  said gives  the 

court  here  to  understand  and  be  informed,  that  since  the  last  term  of 

this  court,  and  before  this  day,  the  said died,  and  the  said 

then  survived  him.  which  the  said defend- 
ant, does  not  deny,  but  admits  the  same  to  be  true. 

It  is  therefore  ordered  that  no  further  proceedings  be  had  at  the  suit 

of  the  said  ,  deceased,  but  that  this  suit  be  continued  in 

the  name  of  the  said ,  the  surviving  plaintiff. 

R.  S.  Art.  1250  (1250). 


TEXAS  CIVIL  FORM  BOOK.  321 

No.  430. 

POWER  OF  ATTORNEY  TO  CONFESS  JUDGMENT. 
The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  I, ,  do  by  these 

presents  appoint   my  true  and  lawful  attorney,  for  me 

and  in  my  name  to  confess  judgment  for  the  sum  of dollars,  in 

a  certain  suit  brought  by against  me,  the  *aid , 

in  the Court  of County,  State  of  Texas,  on  a  certain 

promissory  note  executed  by  me  to  the  said ,  for  the  sum 

of dollars,  dated  the  ....  day  of ,  A.  D.  19 .  . ,  and  ma- 
turing     months  from  date  (or  make  such  other  description  as. 

will  identify  the  suit). 

Witness  my  hand  this  ....  day  of ,  A.  D.  19.  . 


Signed  and  delivered  in  the  presence  of 
R.  S.  Art.  1350   (1348). 


No.  431. 

CONFESSION  OF  JUDGMENT  BY  ATTORNEY  IN  FACT. 
vs No day  of ,  A.  D.  19 . . 

This  day  came  the  plaintiff  by  his  attorney,  and  the  defendant  by  his 

attorney  in  fact,   ,  and  the  power  of  attorney  being  duly 

filed  in  court,  by  which  it  appears  that  the  said is  appointed 

attorney  in  fact  of  the  said ,  defendant,  for  him,  the  said 

,  and  in  his  name  to  confess  judgment  in  this  action  in 

favor  of  the  said ,  plaintiff,  for  the  sum  of dollars, 

and  it  appearing  from  the  plaintiff's  petition  heretofore  filed,  and  duly 
verified  by  affidavit,  that  the  alleged  cause  of  action  is  just,  it  is  there- 
fore considered  by  the  court  that  the  plaintiff,  ,  do  have 

and  recover  of  the  said  defendant,   ,  the  sum  of   

dollars,  with  interest  thereon  at  the  rate  of  ....  per  cent  per  annum, 
together  with  his  costs  in  this 'behalf  expended,  and  that  he  have  his 
execution. 

R.  S.  Art.  1350  (1348). 

Form  Book  —  21. 


322  TEXAS  CIVIL  FORM  BOOK. 

No.  432. 

APPOINTMENT  OF  COUNSEL  FOR  POOR  PERSON. 
R.  S.  Arts.  1109  (1125),  1164  (1177). 

AFFIDAVIT. 
VS No 

,  being  duly  sworn,  says  that  he  is  too  poor  to  employ 

counsel  to  prosecute  (or  defend,  as  the  case  may  be)  the  above  entitled 
cause. 


Sworn  to  and  subscribed  before  me,  this  the   ....   day  of 
A.  D.  19.. 


Clerk  of Court, County. 


No.  433. 
PETITION. 

vs.  .  No.  .  In  .  .  Court  of 


County. 

To  the  Hon ,  Judge  of  the  Court  of County : 

Now  comes  your  petitioner,    ,  and  represents  that 

is  justly  indebted  to  him  in  the  sum  of dollars ; 

that  he  has  commenced  an  action  against  him  in  the  Court 

in  and  for  the  county  of for  the  same,  but  finds  himself  unable 

(or  hath  not  yet  commenced  an  action  against  him  for  the  same,  being 
unable)  to  carry  on  (or  defend,  as  the  case  may  be)  said  cause,  as 
appears  by  the  affidavit  hereto  annexed. 

Wherefore  he  prays  that  he  may  be  admitted  to  prosecute  his  said  ac- 
tion in  forma  pauperis,  and  that ,  Esq.,  may  be  assigned 

to  him  as  his  attorney  to  prosecute  (or  defend,  as  the  case  may  be)  his 
said  suit. 


TEXAS  CIVIL  FORM  BOOK.  323 

No.  434. 

ORDER  OF  THE  COURT. 

vs.  ..  No.  .  In  .  .  Court  of  . 


County. 

It  is  ordered  that be  admitted  to  prosecute  (or  defend, 

as  the  case  may  be)  his  suit  in  forma  pauperis,  and ,  Esq., 

is  hereby  appointed  attorney  and  counsel  in  his  .behalf,  as  prayed  for  in 
the  foregoing  petition. 


Judge  of Court, County. 

The  appointment  may  be  made  by  the  judges  of  the  district  and 
county  courts. 

R.  S.  Arts.  1109   (1125),  1164   (1177). 


No.  435. 

APPOINTMENT  OF  COUNSEL  TO  DEFEND  FOR  ONE  CITED  BY  PUBLICA- 
TION. 

vs No In Court  of 

County. 

It  appearing  to  the  court  that ,  defendant  in  this  cause, 

has  been  duly  cited  by  publication,  and  that  he  has  not  filed  an  answer 
herein  within  the  time  prescribed  by  law, ,  Esq.,  an  attor- 
ney of  this  court,  is  hereby  appointed  to  defend  this  suit  on  behalf  of  the 
said  

Where  service  of  process  has  been  made  by  publication,  and  no  answer 
has  been  filed  within  the  time  prescribed  by  law,  the  court  shall  appoint 
an  attorney  to  defend  the  suit. 
R.  S.  Arts.*  1346   (1345),  3609. 


No.  436. 

APPOINTMENT  OF  GUARDIAN  AD  LITEM. 
vs.  .   and  .  No.  In 


Court  of County. 

It  being  shown  to  the  court  that ,  one  of  the  defendants 

in  the  above  entitled  cause,  is  a  minor  (or  lunatic,  idiot  or  non  compos 
mentis,  as  the  case  may  be),  and  that  he  has  no  guardian  within  this 


324  TEXAS  CIVIL  FORM  BOOK. 

State, is  hereby  appointed  guardian  ad  litem  for  the  pur- 
pose of  defending  said  suit  for  the  said 

R.  S.  Arts  1210-1211    (1211-1212). 

A  reasonable  compensation  shall  be  allowed  said  attorney  by  the  court 
for  his  services,  to  be  taxed  as  part  of  the  costs  of  suit. 


No.  437. 

JUDGMENT  OF  NONSUIT. 
vs No day  of ,  A.  D.  19 . . 

This  day  came  the  parties  by  their  attorneys,  and  the  plaintiff  saya 
he  will  no  further  prosecute  his  said  suit;  it  is  therefore  considered  by 

the  court  that  this  suit  be  dismissed,  that  the  defendant 

go   hence   without   day,   that  he   have   and   recover   of   the   plaintiff, 

,  his  costs  in  this  behalf  expended,  and  that  he  have  his 

execution. 
R.  S.  Art.  1301   (1301). 


No.  438. 

JUDGMENT  OF  NONSUIT  WHEN  PLAINTIFF  FAILS  TO  APPEAR. 
vs '. .     No day  of ,  A.  D.  19 . . 

This  day  came  on  to  be  heard  the  above  entitled  cause,  and  the  said 

plaintiff, ,  having  failed  to  appear  and  prosecute  his  said 

suit,  and  the  defendant,  ,  having  moved  to  dismiss  this 

suit,  it  is  therefore  considered  by  the  court  that  this  suit  be  dismissed, 
that  the  defendant  go  hence  without  day,  that  he  have  and  recover  of 
the  plaintiff  his  costs  in  this  behalf  expended,  and  that  he  have  his  exe- 
cution. 

R.  S.  Art.  1613  (1583). 


No.  439. 

JUDGMENT   OVERRULING   EXCEPTION   TO   THE   PETITION   WHERE 
THERE  IS  A  PLEA  FILED. 

vs No day  of ,  A.  D.  19 .  . 

This  day  came  the  parties  by  their  attorneys,  and  then  came  on  to 
be  heard  the  defendants  exception  to  the  plaintiffs (original, 


TEXAS  CIVIL  FORM  BOOK.  325 

amended,  or  supplemental,  as  the  case  may  be)  petition,  filed  in  this 

cause  on  the  ....   day  of  ,  A.  D.  19.  .;  and  the  argument  of 

counsel  thereon  being  heard,  it  is  the  opinion  of  the  court  that  the  law 
is  for  the  plaintiff. 

It  is  therefore  considered  by  the  court  that  the  exception  be  overruled, 
and  that  the  plaintiff  recover  of  the  defendant  the  costs  of  said  excep- 
tion, for  which  he  may  have  his  execution. 


No.  440. 

JUDGMENT  OVERRULING   EXCEPTION   TO   THE   PETITION   WHERE 
THERE  IS  NO  PLEA  FILED,  BUT  LEAVE  TO  AMEND  IS  GIVEN. 

vs No day  of ,  A.  D.  19 .  . 

This  day  came  the  parties  by  their  attorneys,  and  then  came  on  to  be 

heard  the  defendant's  exception  to  the  plaintiff's  (original, 

amended,  or  supplemental,  as  the  case  may  be)  petition,  filed  the  .... 

day  of ,  A.  D.  19.  .  ;  and  the  argument  of  counsel  thereon  being 

heard,  it  is  the  opinion  of  the  court  that  the  law  is  for  the  plaintiff. 
And  the  defendant  now  here  prays  the  court  for  leave  to  file  his  amended 
answer,  which  is  accordingly  granted.  It  is  therefore  considered  by  the 
court  that  the  exception  be  overruled,  and  that  the  plaintiff  recover  of 
the  defendant  the  costs  of  said  exception,  for  which  he  may  have  his 
execution. 

See  Rule  27th  District  and  County  Courts. 


No.  441. 

JUDGMENT    OVERRULING   EXCEPTION   TO   THE   PETITION    WHERE 
THERE  IS  NO  PLEA  FILED  AND  NO  AMENDMENT   MADE. 

vs No day  of ,  A.  D.  19 .  . 

This  day  came  the  parties  by  their  attorneys,  and  then  came  on  to  be 
heard  the  defendant's  exception  to  the  plaintiff's  petition ;  and  the  argu- 
ment of  counsel  thereon  being  heard,  it  is  the  opinion  of  the  court  that 
the  law  is  for  the  plaintiff.  It  is  therefore  considered  by  the  court 
that  the  exception  be  overruled,  and  that  the  plaintiff  recover  against 
the  said  defendant  his  damages  by  occasion  of  the  premises.  (When  the 
cause  of  action  is  liquidated,  proceed  as  follows:)  And  it  appearing  to 
the  court  that  the  cause  of  action  is  liquidated  and  proved  by  an  instru- 


326  TEXAS  CIVIL  FORM  BOOK. 

ment  of  writing,  it  is  ordered  that  the  clerk  do  assess  the  damages  sus- 
tained by  said  plaintiff,  and  the  said  clerk  now  here  having  assessed  the 

damages  aforesaid  at  the  sum  of dollars,  it  is  considered  by  the 

court  that  the  said  plaintiff. ,  do  have  and  recover  of  the 

said  defendant, ,  the  sum  of dollars,  with  interest 

thereon  at  the  rate  of  ....  per  cent  per  annum  from  date  hereof,  to- 
gether with  his  costs  in  this  behalf  expended,  and  that  he  have  his 
execution.  It  is  further  ordered  that  execution  issue  for  the  use  of  the 
officers  of  court  against  each  party  respectively  for  the  costs  by  him  in 
this  behalf  incurred. 


No.  442. 

JUDGMENT  SUSTAINING  EXCEPTION  TO  PETITION  WHEN  THE 
PLAINTIFF  ASKS  LEAVE  TO  AMEND. 

vs Xo day  of ,  A.  D.  19 .  . 

This  day  came  the  parties  by  their  attorneys,  and  then  came  on  to 
be  heard  the  defendant's  exception  to  the  plaintiff's  petition,  filed  .... 

of ,  A.  D.  19 .  . ;  and  the  argument  of  counsel  thereon  being  heard, 

it  is  the  opinion  of  the  court  that  the  law  is  for  the  defendant. 

And  the  plaintiff  now  here  prays  the  court  for  leave  to  file  his  amended 
original  petition,  which  is  accordingly  granted.  It  is  therefore  consid- 
ered by  the  court  that  the  exception  be  sustained,  and  that  the  defendant 
recover  of  the  plaintiff  the  costs  of  said  exception,  for  which  he  may 
have  his  execution. 


No.  443. 

JUDGMENT  SUSTAINING  EXCEPTION  TO  THE  PETITION  WHEN  THE 
PLAINTIFF  DOES  NOT  ASK  LEAVE  TO  AMEND. 

vs No day  of ,  A.  D.  19 .  . 

This  day  oame  the  parties  by  their  attorneys,  and  then  came  on  to  be 
heard  the  defendant's  exception  to  the  plaintiff's  petition,  filed  ....  day 

of ,  A.  D.  19 .  .  ;  an'd  the  argument  of  counsel  thereon  being  heard, 

it  is  the  opinion  of  the  court  that  the  law  is  for  the  defendant.     It  is 
therefore  considered  by  the  court  that  the  defendant  go  hence  without 

day,  and  that  he  recover  of  plaintiff his  costs  in  this  behalf 

expended  for  which  he  may  have  his  execution. 


TEXAS  CIVIL  FORM  BOOK.  327 

No.  444. 

JUDGMENT  SUSTAINING  EXCEPTION  TO  THE  ANSWER. 
vs Xo day  of ,  A.  D.  19 .  . 

This  day  came  the  parties  by  their  attorneys,  and  then  came  on  to  be 
heard  the  plaintiff's  exception  to  the  defendant's  answer,  filed  ....  day 

of ,  A.  D.  19.  .  ;  and  the  argument  of  counsel  thereon  being  heard, 

it  is  the  opinion  of  the  court  that  the  law  is  for  the  plaintiff.  It  is  there- 
fore considered  by  the  court  that  the  exception  be  sustained,  and  that  the 
defendant  do  answer  further;  and  that  the  plaintiff  recover  of  the  de- 
fendant the  costs  of  said  exception,  for  which  he  may  have  his  execution. 


No.  445. 

JUDGMENT  SUSTAINING  EXCEPTION  TO  ANSWER  WHERE  DEFENDANT 
ELECTS  TO  ABIDE  BY  HIS  PLEADINGS. 

vs Xo day  of ,  A.  D.  19 . . 

This  day  came  the  parties  by  their  attorneys,  and  then  came  on  to  be 
heard  the  plaintiff's  exception  to  the  defendant's  answer,  filed  ....  day  of 

,  A.  D.  19. .;  and  the  argument  of  counsel  thereon  being  heard, 

it  is  the  opinion  of  the  court  that  the  law  is  for  the  plaintiff.  It  is 
therefore  considered  by  the  court  that  the  exception  be  sustained,  and 
that  the  defendant  do  answer  further ;  and  the  said  defendant  now  here 
refuses  to  answer,  but  elects  to  abide  by  his  said  pleadings.  It  is  there- 
fore considered  by  the  court  that  the  plaintiff,  ,  recover 

against  the  defendant,   ,  his  damages  by  occasion  of  the 

premises.  (If  the  cause  of  action  is  liquidated,  proceed  as  follows)  : 
and  it  appearing  to  the  court  that  the  cause  of  action  is  liquidated  and 
proved  by  an  instrument  of  writing,  it  is  ordered  that  the  clerk  do 
assess  the  damages  sustained  by  said  plaintiff;  and  the  said  clerk  now 

here  having  assessed  the  damages  aforesaid  at  the  sum  of dollars, 

it  is  therefore  considered  by  the  court  that  the  plaintiff, , 

do  have  and  recover  of  the  said  defendant,   ,  the  sum  of 

dollars,  with  interest  thereon  at  the  rate  of  ....  per  cent  per 

annum,  together  with  his  costs  in  this  behalf  expended,  and  that  he  have 
his  execution. 


No.  446. 

JUDGMENT  BY   DEFAULT   AND   DAMAGES   ASSESSED  BY   THE   CLERK. 
vs Xo day  of ,  A.  D.  19.  . 

This  day  came  the  plaintiff  by  his  attorney,  and  the  defendant,  though 
duly  cited,  having  failed  to  appear  and  answer  in  this  behalf,  but  wholly 


328  TEXAS  GIVIL  FORM  BOOK. 

made  default,   wherefore   the   said    ,   plaintiff,   ought   to 

recover  against  the  said ,  defendant,  his  damages  by  occa- 
sion of  the  premises;  and  it  appearing  to  the  court  that  the  cause  of 
action  is  liquidated  and  proved  by  an  instrument  of  writing,  it  is  ordered 
that  the  clerk  do  assess  the  damages  sustained  by  said  plaintiff;  and 
the  said  clerk  now  here  having  assessed  the  damages  aforesaid  at  the 

sum  of dollars,  it  is  therefore  considered  by  the  court  that  the 

plaintiff,    ,  do  have  and  recover  of  the  said  defendant, 

,  the  sum  of dollars,  with  interest  thereon  at  the 

rate  of  ....  per  cent  per  annum,  together  with  his  costs  in  this  behalf 
expended,  and  that  he  have  his  execution. 
R.  S.  Arts.  1608   (1578),  1284   (1284). 


No.  447. 

JUDGMENT  BY  DEFAULT,  AND  WRIT  OF  INQUIRY  AWARDED. 
vs No.  ....  '  .  . .  .  day  of ,  A.  D.  IP 

This  day  came  the  plaintiff  by  his  attorney,  and  the  said  defendant, 
though  duly  cited,  -having  failed  to  appear  and  answer  in  this  behalf, 

but  wholly  made  default,  wherefore  the  said  ,  plaintiff, 

ought  to  recover  against  the  said ,  defendant,  his  damages 

by  occasion  of  the  premises;  and  a  jury  having  been  demanded  by  the 
plaintiff,  it  is  ordered  by  the  court  that  the  damages  sustained  by  the 
plaintiff  be  assessed  when  the  cause  is  called  in  its  regular  order  on  the 
docket. 

If  the  defendant  shall  demand  and  be  entitled  to  a  trial  by  jury,  the 
judgment  by  default  shall  be  noted  and  a  writ  of  inquiry  awarded,  and 
the  cause  shall  be  entered  on  the  jury  docket. 

R.  S.  Art.  1286  (1286). 


No.  448. 

JUDGMENT  UPON  WRIT  OF  INQUIRY. 
vs No day  of ,  A.  D.  19 .  . 

This  day  came  on  to  be  heard  the  above  entitled  cause  upon  writ  of 
inquiry  heretofore  awarded,  and  the  evidence  having  been  heard  by  the 
court  (or  if  tried  by  a  jury,  instead  of  above,  say:  This  day  came  on  to 
be  heard  the  above  entitled  cause  upon  writ  of  inquiry  heretofore 
awarded,  and  thereupon  came  a  jury  of  good  and  lawful  men,  to  wit, 

and  eleven  others,  who,  being  duly  impaneled  and  sworn, 

returned  the  following  verdict :   "  We,  the  jury,  assess  the  damages  sus- 
tained by  the  plaintiff  at dollars ,  foreman  "),  it 

is  therefore  considered  by  the  court  that  the  said  plaintiff, , 


TEXAS  CIVIL  FORM  BOOK.  329 

do  have  and  recover  of  the  said  defendant,  ,  the  sum  of 

dollars,  with  interest  thereon  at  the  rate  of  ....  per  cent  per 

annum,  together  with  his  costs  in  this  behalf  expended,  and  that  he  have 
his  execution. 


No.  449. 

JUDGMENT  FORECLOSING  LIEN  ON  PERSONAL  PROPERTY. 
vs No day  of ,  A.  D.  19 . . 

This  day  came  the  parties  by  their  attorneys,  and  submit  the  matters 
in  controversy,  as  well  of  fact  as  of  law,  to  the  court;  and  it  appearing 
to  the  court,  after  hearing  the  pleadings,  the  evidence  and  the  argument 
of  counsel,  that  plaintiff's  cause  of  action  is  liquidated  and  proved  by  an 
instrument  of  writing,  executed  by  defendant,  and  secured  by  a  mort- 
gage lien  given  by  defendant  to  plaintiff  on (here  describe 

the  property)  : 

It  is  therefore  considered  by  the  court  that  the  plaintiff 

do  have  and  recover  of  the  said  defendant  said  sum  of 

dollars,  his  principal,  debt  and  interest,  with  interest  thereon 

from  this  date  at  the  rate  of  ....  per  cent  per  annum,  together  with  his 
costs  in  this  behalf  expended. 

And  it  is  ordered,  adjudged  and  decreed  by  the  court  that  the  mort- 
gage lien  as  it  existed  on  the  ....  day  of ,  A.  D.  19 . . ,  on  the 

above  described  property  be  and  the  same  is  hereby  foreclosed,  and  that 

an  order  of  sale  herein  issue  to  the  sheriff  or  any  constable  of 

County,  or  of  any  county  where  such  property  may  be  found,  directing 
him  to  seize  and  sell  the  same  as  under  execution,  in  satisfaction  of  this 
judgment;  and  if  said  property  cannot  be  found,  or  if  the  proceeds  of 
such  sale  be  insufficient  to  satisfy  this  judgment,  then  the  officer  exe- 
cuting this  order  shall  make  the  money,  or  any  balance  thereof  remain- 
ing unpaid,  out  of  any  other  property  of  the  defendant,  as  in  case  of 
ordinary  execution. 

R.  S.  Art.  1340  (1340). 


No.  450. 

JUDGMENT  BY  NIL  DIGIT. 
. .    vs No day  of ,  A.  D.  19 . . 

This  day  came  the  parties  by  their  attorney,  and  the  defendant  with- 
draws the  answer  by  him  heretofore  filed,  and  says  nothing  in  bar  of  the 


330  TEXAS  CIVIL  FORM  BOOK. 

plaintiff's  action ;  wherefore  the  said ,  plaintiff,  ought  to 

recover   against   the   said    ,    defendant,   his   damages   by 

occasion  of  the  premises;  and  it  appearing  to  the  court  that  the  cause 
of  action  is  liquidated  and  proved  by  an  instrument  of  writing,  it  is 
ordered  that  the  clerk  do  assess  the  damages  sustained  by  said  plaintiff; 
and  the  said  clerk  now  here  having  assessed  the  damages  aforesaid  at 

the  sum  of dollars,  it  is  therefore  considered  by  the  court  that  the 

said  plaintiff, ,  do  have  and  recover  of  the  said  defendant, 

,  the  sum  of dollars,  with  interest  thereon  at  the 

rate  of  ....  per  cent  per  annum,  together  with  his  costs  in  this  behalf 
expended,  and  that  he  have  his  execution. 


No.  451. 

JUDGMENT  FOR  THE  PLAINTIFF  UPON  VERDICT  OF  JURY. 
vs No day  of ,  A.  D.  19 .  . 

This  day  came  the  parties  by  their  attorneys,  and  thereupon  came  a 
jury  of  good  and  lawful  men,  who,  being  duly  impaneled  and  sworn, 
upon  their  oaths  do  say  that  they  find  for  the  plaintiff,  and  assess  his 
damages  at  the  sum  of  ......  dollars.  It  is  therefore  considered  by  the 

court  that  the  said  plaintiff, ,  do  have  and  recover  of  the 

said  defendant, ,  the  sum  of dollars,  with  interest 

thereon  at  the  rate  of  ....  per  cent  per  annum,  together  with  his  costs  in 
this  behalf  expended,  and  that  he  have  his  execution. 


No.  452. 

JUDGMENT  FOR  THE  PLAINTIFF,  TRIED  BEFORE  THE  COURT. 
vs No day  of ,  A.  D.  19 .  . 

This  day  came  the  parties  by  their  attorneys  and  submit  the  matter  in 
controversy,  as  well  of  fact  as  of  law,  to  the  court ;  and  the  evidence  and 
the  argument  of  counsel  having,  been  heard  and  fully  understood,  it  is 

considered  by  the  court  that  the  said  plaintiff,   ,  do  have 

and  recover  of  the  said  defendant,    ,  the  sum  of   

dollars,  with  interest  thereon  at  the  rate  of  ....  per  cent  per  annum, 
together  with  his  costs  in  this  behalf  expended,  and  that  he  have  his 
execution. 


TEXAS  CIVIL  FORM  BOOK.  331 

No.  453. 

JUDGMENT   BY   DEFAULT   AGAINST   ONE    OF   SEVERAL    DEFENDANTS, 
AND  AGAINST  THE  PLAINTIFF  AS  TO  THE  OTHER  DEFENDANT. 

vs and No day  of 

,  A.  D.  19... 

This  day  came  the  plaintiff  and  the  said  (defendant 

appearing)  by  their  attorneys,  and  the  said ,  though  duly 

cited,  having  failed  to  appear  and  answer  in  this  behalf,  but  wholly 
made  default,  wherefore  the  said  plaintiff  ought  to  recover  against  the 

said (defendant  not  appearing),  his  damages  by  occasion 

of  the  premises;  and  thereupon  came  a  jury  of  good  and  lawful  men, 

to  wit, and  eleven  others,  who,  being  duly  impaneled  and 

sworn,  returned  the  following  verdict :  "  We,  the  jury,  find  for  the 

defendant, ,  upon  the  issue  joined  between  the  parties,  and 

assess  the  damages  against  the  defendant, ,  at  the  sum  of 

dollars ,  foreman."  It  is  therefore  considered 

by  the  court  that  the  defendant, ,  go  hence  without  day,  and 

that  he  recover  of  the  plaintiff  his  costs  in  this  behalf  expended,  and 
that  he  have  his  execution;  and  that  the  plaintiff  have  and  recover  of 

the  defendant,  ,  the  sum  of dollars,  with  interest 

thereon  at  the  rate  of  ....  per  cent  per  annum,  together  with  his  costs 
in  this  behalf  expended,  and  that  he  have  his  execution. 

R.  S.  Art.  1336   (1336). 


No.  454. 

JUDGMENT  BY  CONFESSION  UPON  APPEARANCE  WITHOUT  PROCESS. 
vs No day  of ,  A.  D.  19.  . 

This  day  came  the  plaintiff  by  attorney,  and  the  defendant  in  his  own 
proper  person  comes  and  says  that  he  cannot  deny  the  action  of  the 

said ,  plaintiff,  nor  but  that  he  is  justly  indebted  to  him  in 

Ihe  sum  of dollars.  It  is  therefore  considered  by  the  court  that 

the  plaintiff, ,  do  have  and  recover  of  the  said  defendant, 

,  the  sum  of dollars,  with  interest  thereon  at  the 

rate  of  ....  per  cent  per  annum,  together  with  his  costs  in  this  behalf 
expended,  and  that  he  have  his  execution. 

R.  S.  Art.  1348  (1347). 

Any  person  indebted,  or  against  whom  a  cause  of  action  exists,  may 
without  process  appear,  in  person  or  by  attorney,  and  confess  judgment 
therefor  in  open  court;  but  in  such  case  a  petition  should  be  filed  and 
the  justness  of  the  debt  or  cause  of  action  be  sworn  to  by  the  person  in 
whose  favor  the  judgment  is  confessed. 

R.  S.  Art.  1348  (1347). 


332  TEXAS  CIVIL  FORM  BOOK. 

When  judgment  is  confessed  by  attorney,  the  power  of  attorney  shall 
be  filed,  and  a  recital  of  the  contents  of  the  same  be  made  in  the 
judgment. 
R.  S.  Art.  1350  (1348). 

The  acceptance  of  service  and  waiver  of  process,  provided  for  in 
article  1240,  and  the  entry  of  appearance  in  open  court  as  provided  for 
in  article  1241,  or  the  confession  of  judgment  as  provided  for  in  article 
1348,  shall  not  in  any  action  be  authorized  by  the  contract  or  instru- 
ment of  writing  sued  on,  or  any  other  instrument  executed  prior  to  the 
institution  of  such  suit,  nor  shall  such  acceptance  or  waiver  of  service 
be  made  until  after  suit  is  brought. 
R.  S.  Art.  1349  (1347a). 


No.  455. 

JUDGMENT  BY  DEFAULT,  WITH  WRIT  OF  INQUIRY  AS  TO  ONE  DEFEND- 
ANT, AND  UPON  A  VERDICT  AS  TO  THE  OTHER. 

vs and No day  of 

,  A.  D.  19... 

This  day  came  the  plaintiff  and  the  said (name  of  the 

defendant  appearing)   by  their  attorneys,  and  the  said   

(defendant  not  appearing),  though  duly  cited,  having  failed  to  appear 
and  answer  in  this  behalf,  but  wholly  made  default,  wherefore  the  said 

,  plaintiff,  ought  to  recover  against  the  said 

his  damages  by  occasion  of  the  premises;    and  thereupon  said  cause 
came  on  for  trial,  and  the"  evidence  having  been  heard  by  the  court  (or 

thereupon  came  a  jury  of  good  and  lawful  men,  to  wit,  

and  eleven  others,  who,  being  duly  impaneled  and  sworn,  returned  the 
following  verdict:    "We,  the  jury,  assess  the  damages  sustained  by  the 

plaintiff  at  dollars ,  foreman  "),  it  is  therefore 

considered  by  the  court  that  the  said  plaintiff, do  have 

and  recover  of  the  said  defendants, ,  and ,  jointly 

and  severally,  the  sum  of  dollars,  with  interest  thereon  at  the 

rate  of  ....  per  cent  per  annum,  together  with,  his  costs  in  this  behalf 
expended,  and  that  he  have  his  execution. 
R.  S.  Art.  1284  (1284). 


TEXAS  CIVIL  FORM  BOOK.  333 

No.  456. 

JUDGMENT  OF  DISMISSAL  AS  TO  ONE  DEFENDANT  AND  BY  DEFAULT 
AGAINST  THE  OTHER. 

vs No day  of ,  A.  D.  19.. 

This  day  came  the  plaintiff  by  his  attorney,  and  it  appearing  to  the 

court  that  the  citation  issued  to  the  defendant, ,  has  been 

returned  not  served,  the  plaintiff  sa}rs  he  will  no  further  prosecute  his 
said  suit  against  the  said  defendant.  It  is  therefore  considered  by  the 
court  that  the  plaintiff  take  nothing  by  his  suit  against  the  defendant, 

,  and  that  the  said  .  . . ." recover  of  the  plaintiff, 

. '. ,  all  his  costs  in  this  behalf  expended,  for  which  he  may 

have  his  execution;  and  the  said  defendant, ,  though  duly 

cited,  having  failed  to  appear  and  answer  in  this  behalf,  and  it  appear- 
ing to  the  court  that  the  cause  of  action  is  liquidated  and  proved  by  an 
instrument  in  writing,  it  is  ordered  that  the  clerk  do  assess  the  damages 
sustained  by  said  plaintiff;  and  the  said  clerk  now  here  having  assessed 
the  damages  aforesaid  at  the  sum  of dollars,  it  is  therefore  con- 
sidered by  the  court  that  the  defendant, ,  go  hence  without 

day,  and  that  he  recover  of  the  plaintiff  his  costs  in  this  behalf  expended, 
and  that  he  have  his  execution ;  and  that  the  plaintiff  have  and  recover 

of  the  defendant, ,  the  sum  of dollars,  with  interest 

thereon  at  the  rate  of  ....  per  cent  per  annum,  together  with  his  costs 
in  this  behalf  expended,  and  that  he  have  his  execution. 

R.  S.  Art.  1282  (1282). 


No.  457. 

JUDGMENT    FOR    THE   PLAINTIFF   FOR    THE    RECOVERY   OF   SPECIFIC 

PROPERTY. 

vs No day  of ,  A.  D.  19 . . 

This  day  came  the  parties,  plaintiff  and  defendant,  by  their  attorneys 
and  announced  ready  for  trial,  and  thereupon  came  a  jury  of  good  and 

lawful  men,  to  wit, ,  and others,  who,  being  duly 

impaneled  and  sworn,  after  hearing  the  pleadings,  the  evidence,  argu- 
ments of  counsel  and  the  charge  of  the  court,  retired  to  consider  of 
their  verdict  and  on  the  same  day  returned  into  open  court  the  following 
verdict,  to  wit :  "  We,  the  jury,  find  in  favor  of  the  plaintiff  against  the 
defendant  for  the  property  in  controversy,  to  wit:  (here  de- 
scribe the  property);  we  find  that  defendant  detains  said  property  from 
plaintiff,  and  assess  the  plaintiff's  damages  for  the  hire  of  the  same  at 
the  sum  of dollars,  and  assess  the  value  of  said  property  as  fol- 
lows : (here  insert  the  value  of  each  specific  article) , 

foreman." 


334  TEXAS  CIVIL  FORM  BOOK. 

It  is  therefore  considered  and  ordered  by  the  court  that  the  plaintiff, 

,  recover  of  an'd  from  the  defendant  the  above  described 

property,  viz: , (here  insert  a  description  of  the  property  as 

given  in  the  verdict),  and  the  sum  of dollars  damages  assessed, 

and  his  costs  by  him  in  this  behalf  expended.*  And  if (here 

insert  description  of  the  property)  cannot  be  had,  it  is  considered  and 
ordered  by  the  court  that  the  plaintiff  recoyer  of  and  from  the  defendant 

said  sum  of dollars,  the  value  so  assessed,  in  addition  to  the 

damages  and  costs  aforesaid,  for  which  he  may  have  his  execution. 

(If  the  property  Fas  been  replevied  by  the  defendant,  proceed  from  * 
as  follows:  And  if  said  above  described  property  cannot  be  had,  it  is 

considered  and  ordered  by  the  court  that  the  plaintiff,  , 

recover,  jointly  and  severally,  of  and  from  the  defendant, 

and and ,  sureties  on  his  replevy  bond,  filed 

in  this  cause  on  the  ....  day  of ,  A.  D.  19. .,  the  said  sum  of 

dollars,  the  value  so  assessed,  and  the  further  sum  of dol- 
lars, the  value  of  the  hire  of  said  property  so  assessed  by  the  jury,  and 
that  he  have  his  execution.) 

R.  S.  Art.  4876  (4501). 

Where  judgments  are  for  the  recovery  of  specific  articles,  their  value 
shall  be  separately  assessed,  and  the  judgment  shall  be  that  the  plaintiff 
recover  such  specific  articles,  if  they  can  be  found,  and  if  not,  then  their 
value  as  assessed,  with  interest  thereon  at  the  rate  of  six  per  cent  from 
the  date  of  the  judgment. 

R.  S.  Art.  1645  (1615). 

Where  the  judgment  is  for  personal  property,  and  it  is  shown  by  the 
pleadings,  the  evidence  and  the  verdict,  if  any,  that  such  property  has 
an  especial  value  to  the  plaintiff,  the  court  may  award  a  special  writ  for 
the  seizure  and  delivery  of  such  property  to  the  plaintiff,  and  the  court 
may,  in  addition  to  the  other  relief  granted  in  such  case,  enforce  its 
judgment  by  attachment,  fine  and  imprisonment. 

R.  S.  Arts.  1339   (1339),  1646   (1616). 


No.  458. 

JUDGMENT   FOR    THE   DEFENDANT    IN   SUIT   FOR   THE    RECOVERY    OF 
SPECIFIC  PROPERTY,  REPLEVIED  BY  PLAINTIFF. 

vs No day  of A.  D.  19 .  . 

This  day  came  the  parties,  plaintiff  and  defendant,  by  their  attorneys 
and  announced  ready  for  trial,  and  thereupon  came  a  jury  of  good  and 

lawful  men,  to  wit, and others,  who,  being  duly 

impaneled  and  sworn,  after  hearing  the „ pleadings,  the  evidence,  argu- 
ments-of  counsel  and  the  charge  of  the  court,  retired  to  consider  of  their 


TEXAS  CIVIL  FORM  BOOK.  335 

verdict,  and  on  the day  of ,  A.  D.  19. .,  returned  into  open 

court  the  following  verdict,  to  wit :  "  We,  the  jury,  find  for  the  de- 
fendant, and  assess  the  value  of  said (here  describe  the  property 

in  controversy),  at dollars,  and  the  value  of  the  hire  of  said  prop- 
erty from  the  ....  day  of ,  A.  D.  19. .  (the  date  of  the  replevy 

bond),  at dollars ,  foreman." 

It  is  therefore  considered  by  the  court  that  the  plaintiff  take  nothing 

by  his  suit,  and  that  the  defendant, ,  recover  of  the  plaintiff, 

,  and and ,  sureties,  as  here- 
after stated, dollars,  the  value  of  said  property  as  aforesaid,  aud 

the  further  sum  of dollars  damages.  And  it  further  appearing  to 

the  court  that  said  property,  to  wit (here  insert  a  description 

of  the  property),  was  on  the  ....  day  of ,  A.  D.  19. .,  delivered  by 

the  sheriff  (or  constable,  as  the  case  may  be)  of County  to  the 

plaintiff,  who  thereupon  executed  a  replevy  bond  with 

and as  sureties,  it  is  ordered  thaf  a  writ  issue  commanding 

the  proper  officer  to  restore  said  property  to  the  defendant;  and  if  said 
property  is  so.  restored,  the  judgment  herein  rendered  for  its  value  shall 
stand  discharged;  but  if  said  property  cannot  be  found,  execution  shall 
issue  against  the  plaintiff  and and ,  as  sure- 
ties as?  aforesaid,  for  said  sum  of dollars,  the  value  so  assessed,  in 

addition  to  the  damages  and  costs  aforesaid,  for  which  defendant  shall 
have  his  execution. 

R.  S.  Art,  4881   (4506). 

R.  S.  Art.  1338  (1338). 


No.  459. 
JUDGMENT  FOR  THE  RECOVERY  OF  LAND. 

vs No In  District  Court  of 

County,  Texas, Term,  A.  D.  19 .. 

On  this  the  ....  day  of ,  A.  D.  19. .,  at  a  regular  term  of  this 

court  came  the  parties  by  their  attorneys,  and  thereupon  came  a  jury  of 

good  and  lawful  men,  to  wif,  ,  and  eleven  others,  who, 

being  duly  impaneled  and  sworn,  after  hearing  the  pleadings,  the  evi- 
dence, arguments  of  counsel  and  the  charge  of  the  court,  returned  into 
open  court  the  following  verdict,  to  wit:  "  We,  the  jury,  find  in  favor 
of  plaintiff  for  the  land  in  controversy,  and  assess  his  damages  at  the 
sum  of dollars ,  foreman." 

It  is  therefore  considered,  ordered,  adjudged  and  decreed  by  the  court 

that  the  plaintiff,  ,  recover  of  and  from  the  defendant, 

,  the  land  and  premises  described  and  bounded  as  follows : 

.  (here  describe  the  same),  for  which  he  may  have  his  writ  of 

possession,  and  also  the  sum  of dollars,  his  damages  aforesaid,  and 


336  TEXAS  CIVIL  FORM  BOOK. 

all  of  his  costs  in  this  behalf  expended,  for  which  he  may  have  his 
execution. 

It  is  further  ordered  by  the  court  that  execution  may  issue  in  favor 
of  the  officers  of  the  court  against  each  of  the  parties  hereto  for  all  costs 
by  them  respectively  incurred. 

R.  S.  Arts.  5272-5273  (4808-4809). 

When  the  defendant  and  those  under  whom  .he  claims  have  made 
permanent  and  valuable  improvements  on  the  premises  in  good  faith, 
the  court  or  jury  shall  at  the  same  time  estimate  from  the  testimony 
the  value  at  the  time  of  trial  of  such  improvements,  etc. 

R.  S.  Arts.  5277-5285   (4813-4821). 


No.  460. 

JUDGMENT  FORECLOSING  LIEN  ON  LAND. 
vs No day  of ,  A.  D.  19 .  . 

This  day  came  the  parties  by  their  attorneys,  and  thereupon  came  a 

jury  of  good  and  lawful  men,  to  wit,  ,  and  eleven  others, 

who,  being  duly  elected,  impaneled  and  sworn,  upon  their  oaths  do  say: 
"  We  find  for  the  plaintiff,  and  that  the  facts  stated  in  his  petition  are 

true,  and  assess  the  damages  at dollars ,  foreman/' 

And  it  appearing  to  the  court  from  the  finding  of  the  jury  aforesaid 

that  the  defendant  is  indebted  to  the  plaintiff  in  the  sum  of 

dollars,  and  that  the  note  sued  on  bears  interest  at  the  rate  of  ....  per 
cent  per  annum;  and  it  further  appearing  to  the  court  that  said  note 
was  executed  on  the  ....  day  of  .......  A.  D.  19. .,  to  secure  the  pay- 
ment of  the  purchase  money  for  the  following  described  tract  of  land,  to 

wit, (here  describe  the  land),  it  is  therefore  considered  by  the 

court  that  the  plaintiff, ,  do  have  and  recover  of  the  said 

defendant,  ,  said  sum  of dollars,  principal  and  in- 
terest, with  interest  thereon  from  this  date  at  the  rate  of  ....  per  cent 
per  annum,  together  with  his  costs  in  this  behalf  expended. 

And  it  is  ordered,  adjudged  and  decreed  by  the  court  that  the  lien  as 
it  existed  on  the  ....  day  of ,  A.  D.  19. .,  upon  the  above  de- 
scribed tract  of  land  be  and  the  same  is  hereby  foreclosed;  and. that  the 
clerk  of  this  court  do  issue  an  order  of  sale,  directed  to  the  sheriff  or  any 

constable  of County,  commanding  him  to  seize  and  sell  the 

above  described  tract  of  land  as  under  execution;  and  that  he  apply  the 
proceeds  thereof  to  the  payment  and  satisfaction  of  the  said  sum  of 

dollars,  together  with  all  interest  that  may  be  due  thereon,  and 

the  costs  of  this  suit.  And  if  the  said  land  shall  sell  for  more  than 
sufficient  to  pay  off  and  satisfy  said  sums  of  money,  then  the  said  officer 
is  hereby  directed  to  pay  over  the  excess  to  the  defendant;  but  if  the 


TEXAS  CIVIL  FORM  BOOK.  337 

said  land  shall  not  sell  for  enough  to  pay  off  and  satisfy  this  judgment, 
1hen  said  officer  shall  make  the  balance  due  as  under  execution.  And  it 
is  further  ordered  that  the  said  officer  place  the  purchaser  of  said  prop- 
erty in  possession  thereof  within  thirty  days  after  the  day  of  sale.  And 
said  order  of  sale  when  issued  shall  have  all  the  force  and  effect  of  a 
writ  of  possession. 
R.  S.  Art.  1341  (1340a). 


No.  461. 
SCIRE  FACIAS  TO  REVIVE  A  JUDGMENT. 

The    State    of    Texas.     To  the  .Sheriff  or  any  Constable  of 

County — Greeting : 

Whereas,  it  appears  from  the  records  of  the Court  of 

County  that recovered  a  judgment  in  said  court  on  the 

....  day  of ,  A.  D.  19 . .,  against ,  for  the  sum  of 

dollars,  with  interest  thereon  from  said  date  at  the  rate  of  .... 

per  cent  per  annum,  besides  the  sum  of dollars  as  costs  of  suit,  in 

an  action  on  a  promissory  note  executed  before  that  time  by  the  said 

for  the  sum  of dollars;  and  whereas  it  appears 

from  the  records  of  said  court  that  said  judgment  remains  wholly  un- 
satisfied, and  that  execution  has  not  issued  thereon  within  twelve  months 

after  the  rendition  thereof,  and  the  said  .  . .  ., has  applied  to 

our  said  court  for  a  remedy  in  this  behalf: 

Now  therefore  you  are  hereby  commanded  that  you  summon  the  said 

to  be  and  appear  before  the Court  of 

County,  to  be  holden  at  the  courthouse  thereof  on  the  ....  Monday  in 

next,  being  the  ....  day  of  ,  A.  D.  19. .,  then  and  there 

to  show  cause,  if  any  he  has,  why  the  said ought  not  to 

have  his  execution  against  him  according  to  the  force,  form  and  effect 
of  the  said  recovery;  and  further,  to  do  and  receive  what  our  said  court 
shall  then  and  there  consider  of  him  in  this  behalf. 

Herein  fail  not,  and  have  you  this  writ  before  said  court,  on  the  said 

....  day  of ,  A.  D.  19. .,  with  your  return  thereon  showing  how 

you  have  executed  the  same. 

Witness ,    Clerk    of    the Court    of 

County. 

Given  under  my  hand  and  the  seal  of  said  court,  at  office  in  the  town 

of ,  this day  of ,  A.  D.  19. . 

(Seal.)  

Clerk  of Court, County. 

Issued  this  ....  day  of ,  A.  D.  19.  . 


Clerk  of Court, County. 

R.  S.  Art.  3361  (3210). 

Form  Book  —  22. 


338  TEXAS  CIVIL  FORM  BOOK. 


A  judgment  in  any  court  of  record  within  this  State,  where  execution 
has  not  issued  within  twelve  months  after  the  rendition  of  the  judgment, 
may  be  revived  by  scire  facias  or  an  action  of  debt  brought  thereon 
within  ten  years  after  the  date  of  such  judgment,  and  not  after. 

R.  S.  Art.  3361  (3210). 

Judgment  becomes  dormant  if  execution  thereon  does  not  issue  within 
twelve  months;  but  where  the  first  execution  has  issued  within  the  twelve 
months  the  judgment  shall  not  become  dormant  unless  ten  years  shall 
have  elapsed  between  the  issuance  of  executions  thereon,  and  execution 
may  issue  at  any  time  within  ten  y ears  after  the  issuance  of  the  pre- 
ceding execution. 

R.  S.  Art.  2326a. 


No.  462. 

JUDGMENT  AGAINST  PRINCIPAL  AND  SURETIES. 
. .  vs No.  ....     In Court  of 


County,  Texas, Term,  A.  D.  19.  . 

On  this  the  ....  day  of ,  A.  D.  19. .,  at  a  regular  term  of  this 

court,  came  on  to  be  heard  this  cause,  and  both  the  plaintiff  and  the 
defendants  appeared  and  announced  ready  for  trial,  and  neither  party 
having  demanded  a  jury,  the  matters  in  controversy,  as  well  as  of  fact  as 
of  law,  were  submitted  to  the  court,  and  the  court  having  heard  and 
fully  understood  the  pleadings,  the  evidence  and  the  arguments  of 

counsel,  is  of  the  opinion  and  finds  that  the  defendant,  , 

as  principal,  and and ,  as  sureties,  executed 

and  delivered  to  plaintiff  the  note  (or  bond,  as  the  case  may  be),  set  out 

in  plaintiff's  petition  (or  sued  on  in  this  cause)  and  that  said 

was  principal,  and  the  said <  and were  sure- 
ties on  said  note  (or  bond)  as  alleged  by  plaintiff  and  as  shown  in 
said  note  (or  bond)  and  are  so  liable  and  bound ;  that  said  note  is  for  the 

sum  of dollars,  and  bears  interest  from  date, ,  19.  .,  at  the 

rate  of  ....  per  cent  per  annum,  and  that  the  sum  of dollars, 

principal  and  interest,  is  now  due  and  unpaid. 

It  is  therefore  ordered,  adjudged  and  decreed  by  the  court  that  the 

plaintiff, ,  do  have  and  recover  of  and  from  the  defendant, 

,  as  principal,  and  the  said  defendants, and 

,   jointly  and  seyerally,   as  sureties,   the  sum  of 

dollars,  with  interest  at  the  rate  of  ....  per  cent  per  annum  from  date 
hereof  until  paid,  together  with  all  of  his  costs  in  this  behalf  expended, 
for  all  of  which  execution  may  issue. 


TEXAS  CIVIL  FORM  BOOK.  339 

It  is  further  ordered  and  decreed  by  the  court  that  said 

and are  sureties  of  said ,  and  the  sheriff  or 

other  officer  making  levy  under  execution  issued  herein  shall  levy  execu- 
tion first  upon  the  property  of  said subject  to  execution, 

and  situate  in  the  county  of ,  in  the  State  of  Texas,  before  a 

levy  shall  be  made  upon  the  property  of  said and , 

or  either  of  them,  if  so  much  property  of  the  said ,  prin- 
cipal, can  be  found  as  will  in  the  opinion  of  the  sheriff  be  sufficient  to 
make  the  amount  of  the  execution;  otherwise  the  levy  to  be  made  on  so 

much  property  of  the  said ,  principal,  as  may  be  found, 

if  an)',  and  upon  so  much  property  of  the  said and 

,  or  either  of  them,  as  may  be  necessary7  to  make  the 

amount  of  the  execution;  and  the  clerk  of  this  court  shall  make  a 
memorandum  of  this  order  on  execution.  It  is  further  ordered  that 
execution  may  issue  herein  in  favor  of  the  officers  of  the  court,  against 
each  of  the  parties  hereto  for  all  costs  by  them  respectively  incurred. 

R.  S.  Art.  3814  (3663). 


LANDLORD  AND  TENANT. 

R.  S.  Arts.  3235-3252  (3107-3122). 

LANDLORD  SHALL   HAVE   PREFERENCE   LIEN. 

All  persons  leasing  or  renting  lands  or  tenements,  at  will  or  for  a 
term,  shall  have  a  preference  lien  upon  the  property  of  the  tenant  herein- 
after indicated,  upon  such  premises,  for  any  rent  that  may  become  due 
and  for  all  money  and  the  value  of  all  animals,  tools,  provisions  and  sup- 
plies furnished  by  the  landlord  to  the  tenant  to  enable  the  tenant  to 
make  a  crop  on  such  premises,  and  to  gather,  secure,  house,  and  put  the 
same  in  condition  for  market,  the  money,  animals,  tools,  provisions  and 
supplies  so  furnished  being  necessary  for  that  purpose,  whether  the  same 
is  to  be  paid  in  money,  agricultural  products,  or  other  property ;  and  this , 
lien  shall  apply  only  to  animals,  tools,  and  other  property  furnished  by 
the  landlord  to  the  tenant,  and  to  the  crop  raised  on  such  rented 
premises. 

R.  S.  Art.  3235  (3107). 

TENANT  NOT  TO  REMOVE  PROPERTY  SUBJECT. 

It  shall  not  be  lawful  for  the  tenant,  while  the  rent  and  such  advances 
remain  unpaid,  to  remove  or  permit  to  be  removed  from  the  premises  so 
leased  or  rented  any  of  the  agricultural  products  produced  thereon,  or 
any  of  the  animals,  tools  or  property  furnished  as  aforesaid,  without  the 
consent  of  the  landlord. 

R.  S.  Art.  3236    (3108). 


340  TEXAS  CIVIL  FORM  BOOK. 

WHEN  LIEN  EXPIRES. 

Such  preference  lien  shall  continue  as  to  such  agricultural  products 
and  as  to  the  animals,  tools  and  other  property  furnished  to  the  tenant 
as  aforesaid,  so  long  as  they  remain  on  such  leased  or  rented  premises 
and  for  one  month  thereafter ;  and  such  lien,  as  to  agricultural  products 
and  as  to  animals  and  tools  furnished  as  aforesaid,  shall  be  superior  to 
all  laws  exempting  such  property  from  forced  sales. 
R.  S.  Art.  3237  (3109). 

DISTRESS   WARRANT. 

When  any  rent  or  advances  shall  become  due,  or  the  tenant  shall  be 
about  to  remove  from  such  leased  or  rented  premises,  or  to  remove  his 
property  from  such  premises,  it  shall  be  lawful  for  the  person  to  whom 
the  rents  or  advances  are  payable,  his  agent,  attorney,  assigns,  heirs  or 
legal  representatives,  to  apply  to  a  justice  of  the  peace  of  the  precinct 
where  the  premises  are  situated,  or  in  which  the  property  upon  which  a 
lien  or  advance  exists,  may  be  found,  or  to  any  justice  having  juris- 
diction of  the  cause  of  action,  for  a  warrant  to  seize  the  property  of  such 
tenant;  provided,  etc. 

R.  S.  Art.  3240  (3112). 


No.  463. 

AFFIDAVIT  FOR  DISTRESS  WARRANT— RENTS  DUE. 

The  State  of  Texas,  County  of  In  Justice  Court,  Precinct 

No.  .  .  . , County,  Texas. 

.  vs.  . 


To   ,  Justice  of  the  Peace,  Precinct  No ,   

County,  Texas: 

Now  comes  your  petitioner, (or ,  agent  or 

attorney  for ,  as  the  case  may  be),  and  applies  for  a  distress 

warrant  against ,  and  respectfully  shows  to  the  court  that 

he,  the  said ,  is  the  landlord  of  the  said :'....,  the 

rented  premises  being  that  certain  tract  or  lot  of  land  situated  in  pre- 
cinct No , County,  Texas,  and  described  as  follows 

(here  describe  the  premises)  ;  that  the  said is  now  justly 

indebted  to  the  said in  the  sum  of dollars  for  the 

rent  of  the  said  premises  for  and  during  the  current  year,  19.  .,  the 
same  being  now  due  and  payable,  and  in  the  further  sum  of ....... 

dollars,  for  money,  and  the  value  of  animals,  tools,  provisions,  as  fol- 
lows (here  describe  same),  furnished  by  him,  the  said ,  as 


TEXAS  CIVIL  FORM  BOOK.  341 

landlord,  to  the  said  ,  during  this  current  year,  19. .,  to 

enable  him,  the  said ,  to  make,  secure  and  market  on  and 

from  said  land  a  crop  of  corn  and  cotton,  being  necessary  for  that  pur- 
pose ;  that  the  said  indebtedness  is  now  due  and  payable ;  that  the  aggre- 
gate amount  now  due  and  payable  is dollars,  and  that  the  said 

premises  are  now  occupied  by  the  said 

Petitioner  further  says  that  the  distress  warrant  prayed  for  is  not  sued 
out  for  the  purpose  of  vexing  and  harassing  the  defendant, 


Sworn  to  and  subscribed  before  me,  this  the  ....  day  of ,  A . 

D.  19.. 

(Seal.)  

R.  S.  Art.  3241  (3113). 


No.  464. 

AFFIDAVIT   FOR  DISTRESS  WARRANT— RENT   NOT   DUE. 

The  State  of  Texas,  County  of In  Justice  Court,  Precinct 

No ,   County,  Texas. 

.  vs. 


To   ,  Justice  of  the  Peace,  Precinct  No.    . . . ,   

County,  Texas: 

Xow  comes  your  petitioner, (or ,  agent  or 

attorney  for ,  as  the  case  may  be),  and  applies  for  a  dis- 
tress warrant  against ,  and  respectfully  shows  to  the  court 

that  he,  the  said ,  is  the  landlord  of  the  said . , 

the  rented  premises  being  that  certain  tract  or  lot  of  land  situated  in 

precinct  No ,   County,  Texas,  and  described  as  follows: 

. (here  describe  the  premises)  ;  that  the  said  is 

now  justly  indebted  to  the  said in  the  sum  of dol- 
lars for  the  rent  of  the  said  premises  for  and  during  the  current  year, 
19 . . ,  the  same  not  yet  being  due,  but  will  become  due  on  the  ....  day 
of  ..' A.  D.  19... 

That  on  the day  of ,  A.  D.  19 .  ., leased  the 

above  described  premises  under  the  said  ;  that  said  lease 

\*as  in  writing,  being  in  duplicate,  and  was  signed  by  the  tenant, 
,  and  his  landlord, ,  which  writing  is  here  pro- 
duced and  is  hereto  attached  and  is  made  a  part  hereof;  that  the  said 

tenant, ,  is  about  to  remove  from  such  leased  premises  (or 

that  he  has  removed)  all  of  the  agricultural  products  produced  on  said 

rented  premises  this  year  19. .,  into  the  precinct  No ,   

County,  Texas;  that  the  products  so  removed  into  this  precinct  consists 


342  TEXAS  CIVIL  FORM  BOOK. 

of  ....  bales  of  lint  cotton,  each  marked  .  . .  .,  on  which  the  petitioner 

has  a  landlord's  lien  to  satisfy  his  rent  of dollars. 

Petitioner  further  says  that  the  distress  warrant  prayed  for  is  not  sued 
out  for  the  purpose  of  vexing  and  harassing  the  defendant, 


Sworn  to  and  subscribed  before  me,  this  the  ....  day  of  ......  ,  A. 

I).  10.. 

(Seal.)  ................ 

R.  S.  Art.  3240   (3112). 


No.  465. 
BOND  FOR   DISTRESS  WARRANT. 

The  State  of  Texas,  County  of  ...................  vs  .....  -.  ...... 

Know  all  men  by  these  presents,  that  whereas,  on  the   ....   day  of 

......  ,  A.  D.  19.  .,  ............  ,  plaintiff  in  the  above  entitled  cause, 

sued  out  a  distress  warrant  from  the  justice's  court  of  precinct  No  .....  , 

........  County,  Texas,  against  ...........  ,  distraint  for  rent  :    Now 

therefore  we,  the  said  ............  ,  as  principal,   and  ............ 

and  ............  ,  as  sureties,  acknowledge  ourselves  bound  to  pay  to 

said  ............  such  damages  as  he  may  sustain  in  case  such  warrant 

has  been  illegally  and  unjustly  sued  out. 


Filed  and  approved  this  ....  day  of ,  A.  D.  19 ... 

R.  S.  Art.  3241  (3113). 

Bond  must  be  signed  by  two  or  more  good  and  sufficient  sureties,  pay- 
able to  the  defendant,  and  approved  by  the  justice  of  the  peace. 


No.  466. 

WRIT. 

The  State  of  Texas,  County  of In  Justice  Court,  Precinct 

No ,   County,  Texas. 

To  the  Sheriff  or  any  Constable  of County,  Texas — Greeting: 

•Whereas,    ,  plaintiff  in  the  cause  of   vs. 

,  has  made  affidavit  that  the  said is  justly 

indebted  to  him  in  the  sum  of dollars,  due  for  rent  and  advances 


TEXAS  CIVIL  FORM  BOOK.  343 

for  this  year,  19..,  on  certain  land  and  premises  situated  in  precinct 

No ,   County,  T(  xas,  and  that  he  has  not  sued  out  this 

distress    warrant    for    the    purpose    of   vexing   or   harassing   the    said 
,  and  has  also  given  the  bond  required  by  law : 

Now  therefore  you  are  hereby  commanded  that  you  seize  so  much  of 

the  property  of  the  said as  shall  be  of  value  sufficient  to 

satisfy  said  demand,  and  keep  the  same  in  your  possession  unless  the 
"said shall  replevy  the  same  according  to  .law. 

Herein  fail  not,  but  have  you  this  writ,  with  your  return  thereon 

showing  how  you  have  executed  the  same,  before  the  honorable 

Court,  of County,  Texas,  on  or  before  the  ....  day  of 

A.  D.  19.. 

Given  under  my  hand  this  the  ....    day  of ,  A.  D.  19.  . 

(Seal.)  

Justice  of  the  Peace,  Precinct  No , County,  Texas. 

Issued  on  the  ....  day  of ,  A.  D.  19 ... 


Justice  of  the  Peace, County. 

J>'.  S.  Art.  3242  (3114). 

Said  warrant  shall  be,  if  the  same  is  within  the  jurisdiction  of  a 
justice  of  the  peace,  returnable  to  said  justice;  but  if  the  amount  in 
controversy  exceeds  two  hundred  dollars,  exclusive  of  interest,  and  does 
not  exceed  five  hundred  dollars,  exclusive  of  interest,  the  writ  shall  be 
made  returnable  to  the  county  court.  If  the  amount  in  controversy  ex- 
ceeds five  hundred  dollars,  exclusive  of  interest,  and  does  not  exceed  one 
thousand  dollars,  exclusive  of  interest,  the  writ  shall  be  made  returnable 
to  either  the  county  or  district  court  of  the  county,  as  the  plaintiff  in 
the  writ  may  direct.  If  the  amount  in  controversy  shall  exceed  one 
thousand  dollars,  exclusive  of  interest,  the  writ  shall  be  made  returnable 
to  the  district  court  of  the  county.  When  the  writ  is  made  returnable  to 
the  district  or  county  court,  the  justice  of  the  peace  shall  transmit  all 
papers  in  said  cause  to  the  court  to  which  such  writ  is  made  returnable, 
on  or  before  the  first  day  of  the  next  term  thereof. 

K.  S.  ATI.  3242  (3114). 

The  jurisdiction  of  the  court  is  fixed  by  the  amount  of  the  demand, 
and  not  by  the  value  of  the  property  levied  upon  under  the  distress 
warrant. 

Duty  of  Officer. — It  shall  be  the  duty  of  the  officer  to  whom  such 
warrant  is  directed  to  seize  the  property  of  such  tenant,  or  so  much 
thereof  as  shall  be  of  value  sufficient  to  satisfy  such  debt  and  costs,  and 
the  same  in  his  possession  safely  keep,  unless  the  same  is  replevied  as 
herein  provided,  and  make  due  return  thereof  to  the  court  to  which 
such  warrant  is  returnable,  at  the  next  term  thereof. 

R.  S.  Art.  3243  (3115). 


344  TEXAS  CIVIL  FORM  BOOK. 

OFFICER'S  RETURN. 

Came  to  hand  on  the  ....  day  of ,  A.  D.  19  . .,  at  .  . .  .  o'clock 

. .  m.,  and  executed  on  the day  of ,  A.  D.   19 . .,  at 

....  o'clock  .  .  m.,  at ,  in  ........  County,  Texas,  by  taking 

possession  of  the  following  described  property,  to  wit (here 

describe  the  property),  which  now  remains  in  my  custody.  (If  replevied 
by  defendant,  return  should  read,  which,  being  replevied  by  defendant, 
was  released  to  him  under  his  replevy  bond  herewith  returned  with  this 
writ.)  The  distance  actually  traveled  in  the  execution  of  such  process 
is  .  .  miles. 


Constable  Precinct  No County,  Texas. 

R.  S.  Art.  3243  (3115). 

The  defendant  may  replevy  said  property  at  any  time  within  ten  days 
from  the  date  of  said  levy,  by  giving  bond  payable  to  the  plaintiff,  with 
two  or  more  good  and  sufficient  sureties  in  double  the  amount  of  the 
debt,  or,  at  his  election,  for  the  value  of  the  property  so  seized;  con- 
ditioned that  if  the  defendant  be  cast  in  the  action  he  shall  satisfy  the 
judgment  that  may  be  rendered  against  him  or  pay  the  estimated  value 
of  the  property,  with  lawful  interest  from  date  of  the  bond. 

R.  S.  Art.   3244    (3116). 

Citation  for  Defendant. —  It  shall  be  the  duty  of  the  justice  of  the 
peace  at  the  time  he  issues  the  warrant  to  issue  a  citation  to  the  defend- 
ant requiring  him  to  answer  before  such  justice,  if  he  has  jurisdiction  to 
finally  try  the  cause,  and  upon  its  being  returned  served  to  proceed  to 
judgment  as  in  ordinary  cases;  and  if  he  has  not  such  jurisdiction  the 
citation  shall  require  the  defendant  to  answer  before  the  court  to  which 
the  warrant  was  made  returnable,  and  shall  be  returned  with  the  other 
papers  to  such  court;  provided,  that  if  the  defendant  has  removed  from 
the  county  without  service,  the  proper  officer  shall  state  this  fact  in  his 
return  on  the  citation;  and  the  court  shall  proceed  to  try  the  case  ex 
parte,  and  may  enter  the  proper  judgment. 

R.  S.  Art.  3247   (3119). 


No.  467. 
CITATION  UNDER  DISTRESS  WARRANT. 

vs In  Justice  Court,  Precinct  No , 

County,  Texas. 

The  State  of  Texas.     To  the   Sheriff   or  any   Constable  of 


County,  Texas  —  Greeting : 

These  are  to  command  you  to  summons to  appear  at 

the  next  term  of  the Court  of County,  Texas,  to  be 

held  at  the  courthouse  thereof  in  the  town  of ,  on  the  .... 


TEXAS  CIVIL  FORM  BOOK.  345 

Monday  in ,  being  the    .  .  .  day  of ,  A.  D.  19  .  .,  then 

and  there  to  answer  a  distress  warrant  returnable  to  said  court,  which 
distress  warrant  was  issued  by  me  on  this  day  on  the  affidavit  of 

against      said    ,   claiming   that   the   said 

is  justly  indebted  to  him  in  the  sum  of dollars  for 

the  rent  of  that  certain  premises  situated  in  precinct  No , 

County,  Texas,  described  as  follows (here  describe  the  prem- 
ises): said  rent  being  due  for  the  current  year  19. .,  and  the  further  sum 
of dollars  due  for  the  value  of  animals,  tools  and  provisions  fur- 
nished the  said by  the  said during  the 

said  current  A'ear. 

Herein  fail  not,  but  have  you  this  writ  before  the  said Court 

of County,  Texas,  at  the  time  aforesaid,   showing  how  you 

have  executed  the  same. 

Given  under  my  hand  and  seal  this  the  ....  day  of ,  A.  D.  19. . 

(Seal.)  

Justice  of  the  Peace,  Precinct  No , County,  Texas. 

R.  S.  Art.  3247  (3119). 

OFFICER'S  RETURN. 

Came  to  hand  on  the day  of ,  A.  D.  19. .,  at o'clock 

. .  m.,  and  executed  on  same  day  by  delivering  to  the  within  named 

defendant ,  in  person,  at ,  in County, 

Texas,  a  true  copy  of  this  citation.  (If  the  defendant  has  removed  from 
the  county  without  service,  the  return  should  be  not  served,  because  the 

within  named  defendant,   ,  has  removed  from  the  county 

of   )   The  distance  actually  traveled  in  the  execution  of  such 

process  is  ....  miles. 


Sheriff  of County,  Texas. 


No.  468. 

REPLEVY  BOND  UNDER  DISTRESS  WARRANT. 
The  State  of  Texas,  County  of vs 

Whereas,  on  the day  of ,  A.  D.  19. .,  a  distress  warrant 

was  issued  out  of  the  justice  court  of  precinct  No ,  

County,  Texas,  at  the  suit  of against ,  and 

the  same  was  on  the  ....  day  of ,  A.  D.  19  . .,  levied  by  the 

sheriff  (or  constable)  of County,  Texas,  on  certain  property  of 

the  said ,  described  as  follows (here  describe  the 

property)  : 

Now  therefore  to  release  the  said  property  unto  the  said , 

we,  the  said ,  as  principal,  and and , 

as  sureties,  acknowledge  ourselves  bound  to  pay  to  the  said 


346  TEXAS  CIVIL  FORM  BOOK. 

the  sum  of dollars  (double  the  amount  of  the  demand,  or  at 

plaintiff's  election  the  value  of  the  property),  conditioned  that  if  the 

defendant, ,  shall  be  cast  in  the  action  herein,  he  shall 

satisfy  the  judgment  that  may  be  rendered  against  him,  or  pay  the 
estimated  value  of  the  property,  with  lawful  interest  thereon  from  the 
date  of  the  bond. 

Witness  our  hands  this  the  ....  day  of ,  A.  D.  19.  . 


Approved  this  the  ....  day  of  ... .". .,  A.  D.  19. . 

Sheriff  (or  Constable) County,  Texas. 

R.  S.  Art.  3244  (3116). 

Judgment  Against  Sureties. —  If  judgment  is  rendered  against  the  de- 
fendant, such  judgment  shall  be  also  against  him  and  his  sureties  on  his 
replevy  bond  for  the  amount  of  the  judgment,  interest  and  costs,  or  for 
the  value  of  the  property  replevied  and  interest,  according  to  the  terms 
of  such  bond. 

R.  S.  Art.  3245  (3117). 

Perishable  Property  Sold. —  If  the  property  is  of  a  perishable  or 
wasting  kind,  and  the  defendant  fails  to  replevy,  the  officer  making  the 
levy,  or  the  plaintiff  or  the  defendant,  may  apply  to  the  court  or  judge 
thereof  to  which  the  warrant  is  returnable,  either  in  term  time  or  in 
vacation,  for  an  order  to  sell  such  property;  if  any  person  other  than 
the  defendant  apply  for  such  order,  the  same  shall  be  granted  unless  the 
person  applying  shall  file  with  such  court  an  obligation,  payable  to  the 
defendant,  with  two  or  more  good  and  sufficient  sureties,  to  be  approved 
by  said  court,  that  they  will  be  responsible  to  the  defendant  for  such 
damages  as  he  may  sustain  in  case  such  sale  be  illegally  and  unjustly 
applied  for,  or  be  illegally  and  unjustly  made,  which  sale  shall  be  con- 
ducted as  sales  under  execution. 

R.  S.  Art.  3246  (3118). 


No.  469. 
INDEMNITY  BOND  ON  LEVY  OP  DISTRESS  WARRANT. 

The  State  of  Texas,  County  of 

Whereas,  a  distress  warrant  has  been  issued  by ,  a 

justice  of  the  peace  for  precinct  No ,  in  the  county  of , 

in  favor  of ,  against ,  for  the  sum  of 

dollars,  bearing  date  the day  of ,  A.  D.  19.  .,  by  virtue  of 


TEXAS  CIVIL  FORM  BOOK.  347 

which  the  said has  directed ,  a  constable  (or 

.sheriff,  as  the  case  may  be)  of  said  county  to  seize  upon (here 

describe  the  property),  found  upon  the  premises  now  occupied  by  the 

said :  Now  therefore,  in  consideration  that  the  said 

,  constable  (or  sheriff),  as  aforesaid,  shall  seize  the  above 

described  property  by  virtue  of  said  distress  warrant,  we, , 

as  principal,  and and ,  as  sureties,  acknowl- 
edge ourselves  bound  to  pay ,  constable  (or  sheriff),  as 

aforesaid,  the  sum  of dollars,  conditioned  that  the  above  bound 

shall  well  and  sufficiently  indemnify,  save  and  keep  harm- 
less the  said ,. .  from  all  costs,  charges,  damages  and  suits 

that  he  may  incur  or  become  liable  to  in  consequence  of  the  seizure  of 
said  property,  and  shall  pay  off,  discharge  and  cancel  all  judgments, 

damages  and  costs  that  may  be  rendered  against  the  said 

by  reason  of  said  seizure. 

The  statute  provides  for  a  bond  of  indemnity  in  case  of  attachments 
only. 

R.  S.  Art.  199  (165). 


No.  470. 

APPLICATION   FOR   SALE   OF   PERISHABLE   PROPERTY   SEIZED   UNDER 

DISTRESS  WARRANT. 

vs No In Court,  Precinct 

No ,     County. 

To ,  Esq.,  Justice  of  the  Peace  in  the  County  of : 

,  plaintiff  in  the  above  entitled  writ,  shows  that  the 

property,  to  wit (here  describe  the  property),  seized  by 

,  constable  of  said  county,  by  virtue  of  a  distress  warrant 

issued  by ,  Esq.,  justice  of  the  peace  in  said  county,  on  the 

....  day  of ,  A.  D.  19.  .,  in  favor  of ,  against 

,  is  of  a  perishable  kind,  and  he  prays  for  an  order  to  sell 

the  same. 

This  the day  of ,  A.  D.  19.  . 


R.  S.  Art.  3246   (3118). 

The  officer  making  the  levy,  or  the  plaintiff  or  the  defendant,  may 
apply  to  the  court  or  judge  thereof,  for  an  order  of  sale,  but  anv  person 
other  than  the  defendant  shall  give  bond  payable  to  the  defendant,  ap- 
proved by  said  court.  The  application  for  order  of  sale  may  be  made  to 
the  court  to  which  the  warrant  is  returnable. 


348  TEXAS  CIVIL  FORM  BOOK. 

No.  471. 

BOND  WHEN  ORDER  OF  SALE  OF  PROPERTY  SEIZED  UNDER  DISTRESS 
WARRANT  IS  APPLIED  FOR  BY  PERSON  OTHER  THAN  DEFENDANT. 

vs No Distress  for  Rent,     hi 

Court  of County,  Texas. 

Whereas, ,  plaintiff  in  the  above  entitled  and  numbered 

writ,  has  applied  to  ,  Esq.,  a  justice  of  the  peace  in  pre- 
cinct No ,  in  the  county  of ,  for  an  order  to  sell 

(here  describe  the  property),  seized  on  the  .  . .  day  of ,  A.  D.  19. ., 

by ,  constable,  by  virtue  of  a  distress  warrant  issued  by  the 

said  . . . . ,  Esq.,  in  favor  of ,  against 

for  the  sum  of dollars,  bearing  date  the  ....  day  of , 

A.  D.  19 . . :  Now  therefore  we,  ,  as  principal  and 

and ,  as  sureties,  acknowledge  ourselves 

bound  to  pay  the  defendant such  damages  as  he  may  sus- 
tain, in  case  such  sale  be  illegally  and  unjustly  applied  for,  or  should  be 
illegally  and  unjustly  made. 

"Witness  our  hands  this  the  ....  day  of ,  A.  D.  19 . . 


Approved  ....  day  of ,  A.  D.  19 . . 


Justice  of  the  Peace,  Precinct  No ,   County,  Texas. 

R.  S.  Art.  3246  (3118). 


No.     472. 

ORDER  OF  JUDGE  ON  APPLICATION  FOR  SALE  OF  PERISHABLE  PROP- 
ERTY SEIZED  UNDER  DISTRESS  WARRANT. 

The  State  of  Texas,  County  of In  Vacation,  this  ....  day  of 

". ,  A.  D.  19.. 

The  above  and  foregoing  application  for  order  of  sale  being  this  day 
presented  and  considered  by  the  court,  it  is  ordered  that  the  sheriff  (or 
constable)  of County,  Texas,  proceed  to  sell  the  property  de- 
scribed in  said  application  for  order  of  sale,  as  under  execution,  and  that 
he  make  due  return  thereof  according  to  law,  pursuant  to  an  order  of 
sale  to  be  issued. 


Judge  Court,   County,  Texas. 

R.  S.  Art.  3246  (3118). 


TEXAS  CIVIL  FORM  BOOK.  349 

No.  473. 

ORDER   OF   SALE   OF   PERISHABLE   PROPERTY   SEIZED   UNDER   A   DIS- 
TRESS WARRANT. 

The  State  of  Texas.     To  the  Sheriff  or  any  Constable  of 

County,  Texas  —  Greeting : 

Whereas has  applied  to ,  Esq.,  justice  of  the 

peace  in  the  county  of ,  for  an  order  to  sell (here  de- 
scribe the  property),  seized  on  the  ....  day  of ,  A.  D.  19.  .,  by 

,  constable,  by  virtue  of  a  distress  warrant  issued  by  the 

said ,  Esq.,  in  favor  of ,  against , 

for  the  sum  of dollars,  bearing  date  the  ....  day  of ,  A.  D. 

19.  .,  and  the  said having  shown  that  said  property  is  of 

a  perishable  kind,  and  given  bond  as  required  by  law:  Now  therefore 
}TOU  are  commanded  that  you  proceed,  according  to  law,  and  sell  the 
above  described  property,  as  under  execution,  and  hold  the  proceeds  sub- 
ject to  any  judgment  that  may  be  rendered  in  favor  of  the  said 

against  the  said ,  in  said  suit. 

Herein  fail  not,  and  have  you  the  said  moneys,  together  with  this 
writ,  with  your  return  thereon,  showing  how  you  have  executed  the  same, 

before  me  at  my  office,  in in  said  county,  at  a  regular 

term  of  the  justice's  court  for  precinct  No ,  in  said  county  of 

,  to  be  held  on  the  ....  day  of ,  A.  D.  19 . . 

Witness  my  hand  this  ....  day  of ,  19.  . 


Justice  of  the  Peace,  Precinct  No , .  County,  Texas. 

Issued  on  the  ....  day  of ,  A.  D.  19 .  . 


Justice  of  the  Peace, County. 

R.  S.  Art.  3246  (3118). 


No.  474. 

OFFICER'S  RETURN  OF  SALE. 

Came  to  hand  on  the  ....  day  of ,  A.  D.  19 .  .,  at  .  . .  .  o'clock 

. .  m.,  and  executed  by  selling  the  following  described  property,  to  wit, 

(here  describe  the  property),  on  the  ....  day  of , 

A.  J).  19.  .,  at  the  courthouse  door  of  the  county  of ,  first  hav- 
ing given  notice  of  the  time  and  place  of  said  sale  for  ten  consecutive 
days,  by  posting  written  notices  in  three  public  places  in  said  county, 
one  of  which  was  at  the  courthouse  door  of  said  -county,  at  which  sale 

?aid  property  was  struck  off  to for  the  sum  of dollars, 

he  being  the  highest  bidder  therefor,  and  I  herewith  return  the  proceeds 
of  said  sale,  to  wit,  the  sum  of dollars,  into  court. 


Sheriff, County,  Texas?. 


350  TEXAS  CIVIL  FORM  BOOK. 

No.  475. 

JUDGMENT  FOR  PLAINTIFF  IN  SUIT  BY  DISTRESS. 

vs No In  Justice's  Court,  Precinct 

No , County,  ....  day  of ,  A.  D.  19 .  . 

This  day  came  the  parties  by  their  attorneys,  and  submit  the  matters 
in  controversy,  as  well  of  fact  as  of  law,  to  the  court ;  and  the  pleadings, 
evidence  and  the  argument  of  counsel  having  been  heard  and  fully 
understood,  it  is  the  opinion  of  the  court  that  the  plaintiff  ought  to 
recover.  It  is  therefore  considered,  ordered  and  decreed  by  the  court 

that  the  plaintiff, ,  do  have  and  recover  of  the  defendant, 

,  the  sum  of dollars  for  his  debt  and  damages,. 

together  with  his  costs  in  this  behalf  expended. 

And  it  appearing  to  the  court  that  said  judgment  was  rendered  on  a 

debt  due  for  rent  on acres  of  land  leased  by  plaintiff  to  defendant 

for  the  year  19.  .,  situated  in County,  Texas,  and  known  as  the 

farm,  and  is  secured  by  a  landlord's  lien  on  all  of  the  crop 

raised  on  said  land  for  said  year,  it  is  therefore  considered  and  ordered 
by  the  court  that  said  lien  on  said  crops  be  and  is  hereby  foreclosed,  and 

the bales  of  lint  cotton  weighing pounds  each,  marked 

,  and  the bushels  of  ear  corn,  all  valued  at  the  sum  of 

dollars,  seized  and  levied  upon  by  the  constable  of 

County,  Texas,  on  the  ....  day  of ,  A.  D.  19. .,  by  virtue  of  a 

distress  warrant  issued  herein,  be  and  the  same  is  hereby  made  subject  to 
the  payment  of  said  judgment,  and  that  an  order  of  sale  be  issued  com- 
manding the  sale  of  said  property,  or  so  much  thereof  as  may  be  neces- 
sary for  the  satisfaction  of  this  judgment,  and  the  same  be  applied  to 
the  payment  of  this  judgment,  and  if  the  said  proceeds  be  insufficient 
for  the  payment  thereof,  that  execution  hereof  issue  for  the  unpaid 
balance. 

(If  said  property  levied  upon  has  been  replevied,  then  add) : 
And  it  further  appearing  to  the  court  that  said  above  described  prop- 
erty was  replevied  by  the  defendant,  who,  on  the  ....  day  of , 

A.  D.  19. .,  executed  his  replevy  bond  therefor  in  the  sum  of 

dollars,  with and ,  as  sureties,  it  is  therefore 

further  ordered,  adjudged  and  decreed,  that  the  said  plaintiff  have  and 

recover  of  the  defendant,   ,  and and :...., 

the  sureties  on  his  replevy  bond,  the  sum  of dollars  (the  amount 

of  the  judgment,  interest  and  costs,  or  for  the  value  of  the  property 
replevied  and  interest,  according  to  the  terms  of  the  replevy  bond),  for 
which  he  may  have  hjs  execution. 
R.  S.  Art.  3245   (3117). 

PETITION*  IX  DISTRESS  PROCEEDINGS. 

When  the  warrant  is  made  returnable  to  the  district  or  county  court 
tEe  plaintiff  shall  not  be  obliged  to  file  his  petition  before  suing  out  said 


TEXAS  CIVIL  FORM  BOOK.  351 

warrant,  but  may  file  the  same  on  or  before  the  appearance  day  of  the 
term  of  the  court  to  which  said  papers  are  returnable. 
R.  S.  Art.  3248  (3120). 

TENANTS    SHALL    NOT    SUBLET    WITHOUT    CONSENT,    ETC. 

If  lands  or  tenements  are  rented  by  the  landlord  to  any  person  or 
persons,  such  person  or  persons  renting  said  land  or  tenements  shall  not 
rent  or  lease  said  lands  or  tenements  during  the  term  of  said  lease  to  any 
other  person  without  first  obtaining  the  consent  of  the  landlord,  his 
agent  or  attorney. 

R.  S.  Art.  3250  (3122). 

OWNERS    OF    BUILDINGS    TO    HAVE    PREFERENCE    LIEN,    ETC. 

All  persons  leasing  or  renting  any  residence,  storehouse  or  other  build- 
ing, shall  have  a  preference  lien  upon  all  the  property  of  the  tenant  in 
such  residence,  storehouse  or  other  building,  for  the  payment  of  the 
rents  due  and  that  may  become  due;  provided,  the  lien  for  rents  to 
become  due  shall  not  continue  or  be  enforced  for  a  longer  period  thai? 
the  current  contract  year,  it  being  intended  by  the  term,  "  current  con- 
tract year,"  to  embrace  a  period  of  twelve  months,  reckoning  from  the 
beginning  of  the  lease  or  rental  contract,  whether  the  same  be  in  the 
first  or  any  other  year  of  such  lease  or  rental  contract.  Such  lien  shall 
continue  and  be  in  force  so  long  as  the  tenant  shall  occupy  the  rented 
premises,  and  for  one  month  thereafter;  but  this  article  shall  not  be  con- 
strued as  in  any  manner  repealing  or  affecting  any  act  exempting  prop- 
erty from  forced  sale. 

R.  S.  Art.  3251   (2402). 

DISTRESS     WARRANT,     HOW     OBTAINED. 

When  any  rent  shall  become  due,  or  the  tenant  about  to  remove  from 
such  leased  or  rented  buildings,  or  remove  his  property  therefrom,  it 
shall  be  lawful  for  the  person  to  whom  the  rent  is  payable,  his  agent, 
attorney  or  assignee  to  apply  to  a  justice  of  the  peace  of  the  precinct 
where  the  building  is  situated  for  a  distress  warrant  which  shall  be 
issued  on  an  affidavit  and  bond,  and  the  same  proceedings  shall  be  had 
on  the  issuance,  trial  and  return  of  such  warrant  as  is  now  provided  by 
law  in  this  chapter  (title) :  the  object  of  this  and  the  preceding  article 
being  to  extend  the  operation  of  such  law  so  as  to  include  and  protect 
liens  on  residences  and  storehouses  and  other  buildings  occupied  or  used 
by  tenants,  and  conferring  on  the  owners  thereof  the  same  rights 
and  privileges  as  are  now  conferred  by  law  on  other  landlords. 

R.  S.  Art.  3252. 


352  TEXAS  CIVIL  FORM  BOOK. 

LEASE. 

No.  476. 
LEASE  OF  RESIDENCE  OR  STOREHOUSE. 

The  State  of  Texas,  County  of 

This  contract,  made  and  entered  into  this day  of , 

A.  D.  19 .  .,  between of County,  Texas,  of  the  first 

part,  and of County,  Texas,  of  the  second  part, 

witnesseth : 

First.  The  party  of  the  first  part  leases  to  the  party  of  the  second 

part,  for  the  period  of ,  commencing  the  ....  day  of , 

A.  D.  19.  .,  ending  the  ....  day  of ,  A.  D.  19. .,  the  following 

described  property  and  premises,  situated  in  the  county  of  ........  and 

State  of  Texas,  to  wit: (here  describe  the  property). 

Second.  For  and  in  consideration  of  the  above  premises,  the  said 
party  of  the  second  part  agrees  to  pay  to  the  said  party  of  the  first  part 

the  yearty  rent  of dollars,  at ,  Texas,  due  and  payable 

monthly  in  advance,  as  follows:  dollars,  due  and  payable  on  tbc 

.  . .  day  of ,  A.  D.  19 .  .,  and dollars  on  the  . .  .  day  of  each 

and  every  consecutive  month  thereafter  until  paid. 

Third.  Should  there  at  any  time  be  any  default  in  the  payment  of 
any  rent,  or  in  any  of  the  covenants  herein  contained,  then  it  shall  be 
lawful  for  the  party  of  the  first  part  to  declare  this  contract  canceled 
and  terminated,  and  to  re-enter  said  premises  and  remove  all  persons 
therefrom  without  prejudice  to  any  legal  remedies  which  may  be  used 
for  the  collection  of  rent,  all  and  every  claim  for  damages,  for  or  by 
reason  of  said  re-entry  being  hereby  expressly  waived. 

Fourth.  At  the  expiration  of  this  lease,  the  party  of  the  second  part 
agrees  to  quit  and  surrender  the  said  premised  in  as  good  state  and 
condition  as  a  reasonable  use  and  wear  thereof  will  permit. 

Fifth.  The  party  of  the  second  part  is  not  to  sublet  the  said  premise?, 
or  any  part  thereof,  without  written  permission  from  the  party  of  the 
first  part. 

Sixth.  It  is  expressly  agreed  and  understood  by  and  between  the  par- 
ties hereto,  that  the  party  of  the  first  part  shall  have,  and  by  this  con- 
tract has  a  valid  first  lien  upon  any  and  all  the  goods,  furniture,  chattels 
or  property  of  any  description,  belonging  to  the  party  of  the  second  part, 
as  a  security  for  the  payment  of  all  rent  due  or  to  become  due,  and  any 
and  all  exemption  laws  in  force  in  this  State,  by  which  said  property 
might  be  held,  are  hereby  expressly  waived. 

Witness  our  hands  at ,  Texas,  this  ....  day  of , 

A.  D.  19.. 


Witnesses : 


R.  S.  Art.  3251. 


TEXAS  CIVIL  FORM  BOOK.  353 

No.  477. 

LEASE  FOR  CITY  PROPERTY. 
The  State  of  Texas,  County  of 

This  agreement  of  lease,  made  this  ....  day  of ,  A.  D.  19. .,  by 

and  between ,  lessor,  and ,  lessee, 

Witnesseth :    That  the  said  . , does,  by  these  presents,  lease 

and  demise  unto  the  said the  following  described  property, 

to  wit : (here  describe  said  property),  for  the  term  of 

years  from  the  ....  day  of ,  A.  D.  19. .,  to  the  ....  day  of  . . . ., 

A.  D.  19..,  to  be  occupied  as  a  family  residence  and  not  otherwise, 
paying  therefor  the  sum  of dollars,  payable  in  monthly  install- 
ments of dollars  each  on  the  first  day  of  each  and  every  month 

during  this  lease,  in  advance,  upon  the  following  conditions  and 
covenants : 

First.  That  the  lessee  shall  pay  the  rent  in  advance  as  aforesaid,  as 
the  same  shall  fall  due. 

Second.  That  the  lessee  shall  take  good  care  of  the  property  and  its 
fixtures,  and  suffer  no  waste;  and  shall,  at  his  own  expense  and  costs, 
keep  said  premises  in  good  repair;  keep  the  plumbing  work,  closets, 
pipes  and  fixtures  belonging  thereto  in  repair;  and  keep  the  water  pipes 
and  connections  free  from  ice  and  other  obstructions,  to  the  satisfaction 
of  the  municipal  and  police  authorities,  during  the  term  of  this  lease, 
and  at  the  end  or  other  expiration  of  the  term,  shall  deliver  up  the  de- 
mised premises  in  good  order  and  condition,  natural  wear  and  tear  and 
damages  by  fire  and  the  elements  only  excepted.  That  the  lessee  shall 
pay  the  water  tax  imposed  on  the  hereby  leased  premises  in  each  and 
every  quarter  as  the  same  shall  become  due,  during  the  full  term  of  this 
lease.  That  no  improvements  or  alterations  shall  be  made  in  or  to  the 
hereby  demised  premises  without  the  consent  of  the  lessor  in  writing. 
All  improvements  made  by  the"  lessee  to  belong  to  the  lessor  at  the  ex- 
piration of  the  term  of  this  lease  hereby  granted,  unless  otherwise  agreed 
upon  in  writing  by  the  parties  hereto. 

Third.  That  the  lessee  shall  promptly  execute  and  fulfill  all  the  ordi- 
nances of  the  city  corporation  applicable  to  said  premises  and  all  orders 
and  requirements  imposed  by  the  board  of  health,  sanitary  and  police 
departments,  for  the  correction,  prevention  and  abatement  of  nuisances 
in,  upon  or  connected  with  said  premises  during  the  said  term  of  this 
lease,  at  his  own  expense. 

Fourth.  That  the  lessee  shall  not  assign  this  agreement  or  sublet  thp 
premises,  or  any  part  thereof  (except  as  may  be  mentioned  above),  or 
make  any  alterations  in  the  building  or  premises  (except  as  may  be  men- 
tioned above),  without  the  consent  of  the  lessor  in  writing;  or  occupy 
or  permit  or  suffer  the  same  to  be  occupied,  for  any  business  or  purpose 
deemed  extra  hazardous  on  account  of  fire. 

Fifth.  That  the  lessee  shall, -in  case  of  fire,  give  immediate  notice  to 
the  lessor,  who  shall  thereupon  cause  the  damage  to  be  repaired  forth- 
Form  Book  —  23. 


354  TEXAS  CIVIL  FORM  BOOK. 

with;  but  if  the  premises  be  by  the  lessor  deemed  so  damaged  as  to  be 
unfit  for  occupancy,  or  if  the  lessor  shall  decide  to  rebuild,  the  lease 
herein  granted  shall  cease,  and  the  rent  be  paid  up  to  the  time  of  the  fire. 

Sixth.  That  in  case  of  default  in  any  of  the  aforesaid  covenants,  the 
lessor  may  enforce  the  performance  thereof  in  any  modes  provided  by 
law,  and  may  declare  the  lease  forfeited  at  his  discretion,  and  he,  his 
agent  or  attorney,  shall  have  the  right,  without  further  notice  or  demand, 
to  re-enter  and  remove  all  persons  therefrom  without  being  deemed 
guilty  of  any  manner  of  trespass  and  without  prejudice  to  any  remedies 
for  arrears  of  rent  or  breach  of  covenant,  or  he,  his  agent  or  attorney, 
may  resume  possession  of  the  premises  and  relet  the  same  for  the  re- 
mainder of  the  term  at  the  best  rent  they  may  obtain,  for  account  of  the 
lessee,  who  shall  make  good  any  deficiency;  and  the  lessor  shall  have  a 
lien  as  security  for  the  rent  aforesaid  upon  all  the  goods,  wares,  chattels, 
implements,  fixtures,  furniture,  tools  and  other  personal  property  which 
are  or  may  be  put  on  the  demised  premises. 

(In  case  of  surety,  the  following  clause  may  be  added:  "  The  prem- 
ises being  leased  at  the  request  of ,  as  surety,  the  latter 

agrees,  in  consideration  of  the  said  letting,  that  the  lessee  shall  pay  said 

rent  as  it  accrues,  otherwise ,  the  said  surety,  agrees  to 

assume  the  payment  of  such  accrued  rent.") 

In  testimony  whereof  the  parties  to  this  agreement  have  hereunto  set: 
their  hands  in  duplicate,  the  day  and  year  above  written. 

,  Lessor. 

Lessee. 

,  Surety. 


No.  478.   - 

LEASE  WITH  TENANT. 
The  State  of  Texas,  County  of 

Agreement,  made  this day  of ,  A.  D.  19.  .,  between 

,  party  of  the  first  part,  and ,  party  of  the 

second  part,  all  of  the  State  and  county  aforesaid : 

Witnesseth :     That  the  said ,  party  of  the  first  part,  has 

rented  unto  the  said ,  party  of  the  second  part, 

acres  of  land  in  his  said farm,  until  the  ....  day  of , 

A.  D.  19 .  . ,  said  farm  being  in  the  State  aforesaid  and  county  of 

and  said binds  himself  to  cultivate acres  of  said  land 

in  cotton  and acres  in  corn,  and acres  in  wheat,  and 

acres  in  oats,  and acres  in  barley,  in  a  farmer-like  manner,  and  to 

deliver  to  the  nearest  gin,  one-fourth  of  all  the  cotton  that  he  may  make 


TEXAS  CIVIL  FORM  BOOK.  355 

on  said  land  during  the  year  19. .,  to  said after  it  has  been 

ginned  and  baled,  he,  the  said ,  paying  for  one-fourth  of  all 

the  bagging  and  ties  necessary  for  the  entire  crop  of  cotton;  and  one- 
fourth  of  all  the  cotton  seed.     Also,  to  deliver  into  the  cribs  or  granary 

of  said ,  at ,  one-third  of  all  the  corn,  wheat,  oats 

or  barley  (the  wheat,  oats  and  barley  to  be  threshed),  blade  or  stock 
fodder  that  he  may  make  on  said  land  during  the  year  19 .  . 

And  the  said binds  himself  to  assist in 

keeping  the  stot-k  from  destroying  any  portion  of  the  crop  in  said  farm, 
and  in  keeping  the  fencing  up  around  the  entire  farm,  hereby  giving  the 

said a  lien  upon  the  crop  for  the  performance  of  the  above 

obligations. 

And  it  is  further  understood  and  agreed,  that  neither  the  party  of 
the  first  part,  nor  the  party  of  the  second  part,  has  any  right  to  dispose 
of  any  portion  of  the  crop  until  the  terms  of  this  contract  have  been 
complied  with  in  all  things. 

And  it  is  further  understood  and  agreed,  that  both  of  the  contracting 
parties  to  this  agreement  are  hereby  prohibited  from  turning  or  allowing 
any  stock  to  run  in  said  farm,  or  to  "  stake  "  upon  the  grass  therein. 

And  it  is  further  understood  and  agreed,  that  the  said , 

party  of  the  second  part,  hereby  agrees  and  binds  himself  to  use  due 
diligence  in  preventing  the  destruction  of  the  houses  and  fences  by  fire 

or  any  other  means,  and  to  turn  over  to  said ,  party  of  the 

first  part,  on  the  ....  day  of ,  19.  .,  said  houses  and  fences  in 

the  same  good  order  and  condition  that  they  are  at  present. 

It  is  further  understood  and  agreed  b}r  the  above  mentioned  contract- 
ing parties,  that  if  the  said ,  party  of  the  second  part, 

sows  any  small  grain  upon  the  above  mentioned  land,  that  the  said 
,  party  of  the  second  part,  shall,  at  his  own  expense,  break- 
up the  stubble  before  the  first  day  of ,  19.  .,  and  in  default  of 

«ame,  party  of  the  first  part  may  do  or  have  the  same  done  at  the  expense 
of  said  party  of  the  second  part.  It  is  further  agreed  that,  in  addition 

to  the  liens  alread}'  provided,  or  to  be  provided  by  law,  said ., 

party  of  the  first  part,  is  hereby  fully  empowered  to  take  into  his  pos- 
session and  sell,  at  the  current  market  price,  the  first  products  of  said 
crops  as  fast  as  the  same  can  be  prepared  for  market,  to  an  amount 

sufficient  to  repay  all  advances  made  by  said ,  party  of  the 

first  part,  to  said ,  party  of  the  second  part,  and  to  pay  all 

rents  due,  or  to  become  due,  on  said  land. 

In  testimony  of  all  the  above,  we  hereunto  sign  our  hands  this  .... 
day  of ,  A.  D.  19.  .,  in  the  presence  of 


Witnesses : 


R.  S.  Art.  3235  (3107). 


356  TEXAS  CIVIL  FORM  BOOK. 

No.  479. 

LEASE. 
The  State  of  Texas,  County  of 

This  contract,  made  and  entered  into  this  the  ....   day  of , 

A.  D.  19. .,  between of County,  Texas,  of  tEe 

first  part,  and of County,  Texas,  of  the  second 

part: 

Witnesseth :  That  in  consideration  of  the  covenants  herein  contained 
on  the  part  of  the  said ,  of  the  second  part,  and  his  repre- 
sentatives to  be  kept  and  performed,  he,  the  said ,  of  the 

first  part,  doth  hereby  grant,  demise  and  lease  unto  the  said , 

of  the  second  part,  the  following  described  property,  with  the  improve- 
ments thereon,  situated  in  the  county  of and  State  of  Texas, 

to  wit (here  describe  the  property) ;  to  have  and  to  hold  the 

said  land  and  premises  hereby  demised  unto  the  said and 

his  representatives  from  the day  of ,  A.  D.  19.  .,  to  the 

day  of ,  A.  D.  19.  .,  during  the  full  term  of  this  lease,  yielding 

and  paying  (except  only  in  case  of  fire  or  other  casualty,  as  hereinafter 

is  mentioned),  the  rent  or  sum  of dollars  yearly,  by  equal  monthly 

(or  quarterly  or  annual,  as  the  case  may  be),  payments  in  advance, 

to  wit dollars  on  the  ....  day  of ,  A.  D.  19 .  .,  and  the  same 

sum  on  the  ....  day  of  each  and  every  consecutive  month  thereafter  in 
eaid  year  and  in  every  year  during  said  term,  and  at  the  same  rate  for 

such  further  time  as  the  said  lessee, ,  or  any  other  person 

or  persons  claiming  under  him,  shall  hold  the  said  premises  or  any  part 
thereof,  the  first  monthly  payment  thereof  to  be  made  on  the  ....  day  of 

,  A.  D.  19 . . ;  and  the  said ,  of  the  second  part,  for 

himself  and  his  representatives,  hereby  covenants  and  agrees  with  and 

to  the  said ,   of   the  first  part,  his   representatives   and 

assigns,  that  he  will,  during  said  term  and  for  such  further  time  as  the 
said  lessee  or  any  other  person  or  persons  claiming  under  him  shall  hold 
the  said  premises  or  any  part  thereof,  pay  unto  the  said  lessor,  his  heirs 
or  assigns,  the  said  monthly  and  yearly  rent  at  the  times  and  datcv 
hereinbefore  mentioned  for  the  payment  thereof  (except  only  in  case 
of  fire  or  other  casualty,  as  hereinafter  mentioned),  and  also  all  the 
taxes  and  assessments  whatsoever,  whether  in  the  nature  of  taxes  now  in 
being  or  not,  which  may  be  payable  for  or  in  respect  of  the  said  prem- 
ises or  any  part  thereof  during  said  term,  and  also  will  keep  all  and 
singular  the  said  premises  in  such  repair  as  the  same  are  in  at  the  com- 
mencement of  said  term,  or  may  be  put  in  by  the  said  lessor  or  his 
representatives  during  the  continuance  thereof,  reasonable  use  and  wear 
thereof  and  damages  by  accidental  fire  or  other  inevitable  accidents  only 

excepted;  and  the  said ,  of  the  second  part,  further 

covenants  and  agrees  with  and  to  the  said ,  of  the  first 

part,  his  heirs  and  assigns,  that  he  or  others  having  his  estate  in  the 


TEXAS  CIVIL  FORM  BOOK.  357 

premises  will  not  assign  this  lease  nor  underlet  the  whole  or  any  part 
of  the  said  premises,  nor  make  or  allow  to  be  made  any  unlawful,  im- 
proper or  offensive  use  thereof,  and  that  no  alterations  or  additions  shall 
be  made  during  the  term  of  this  lease  aforesaid  in  or  to  the  same  with- 
out the  written-  consent  of  the  said  lessor,  and  also  that  it  shall  be  law- 
ful for  the  said  lessor  and  those  having  his  estate  in  the  premises  at 
seasonable  times  to  enter  into  and  upon  the  same  to  examine  the  condi- 
tion thereof;  and  further,' that  he,  the  said ,  of  the  second 

part,  and  his  representatives,  shall  and  will  at  the  expiration  of  said 
term,  peaceably  yield  up  unto  the  said  lessor  or  those  having  his  estate 
therein,  all  and  singular  the  premises  and  all  future  erections  or  addi- 
tions to  or  upon  the  same  in  good  tenantable  repair  in  all  respects, 
reasonable  use  and  wear  thereof  and  damages  by  fire  or  other  casualties 
excepted;  provided,  however,  and  these  presents  are  upon  this  condition, 
that  if  the  said  lessee  or  his  representatives  or  assigns  do  or  shall  neglect 
or  fail  to  perform  and  observe  any  or  either  of  the  covenants  contained  in 
this  instrument  which  on  his  or  their  part  are  to  be  performed,  or  if  the 
said  lessee  shall  be  declared  bankrupt  according  to  law,  or  if  any  assign- 
ment or  conveyance  be  made  of  said  property  for  the  benefit  of  creditor?, 
then  in  either  of  said  cases  the  lessor  or  those  having  his  estate  in  the 
said  premises  lawfully  may  immediately,  or  at  any  time  thereafter,  and 
whilst  such  neglect  or  default  continues,  and  without  further  notice  or 
demand,  enter  into  and  upon  the  said  premises  or  any  part  thereof  in 
the  name  of  the  whole,  and  repossess  the  same  as  of  his  or  their  former 
estate,  and  expel  the  said  lessee  and  those  claiming  under  him  and  re- 
move his  effects  (forcibly,  if  necessary),  without  being  taken  or  deemed 
guilty  of  any  manner  of  trespass,  all  and  every  claim  for  damages,  for 
or  by  reason  of  said  re-entry  being  hereby  expressly  waived,  and  without 
prejudice  to  any  remedies  which  might  otherwise  be  used  for  arrears  of 
rent,  and  that  upon  entry  as  aforesaid  the  said  term  shall  cease  and  be 
ended;  and  provided,  also,  that  in  case  the  premises  or  any  part  thereof 
shall  during  said  term  be  destroyed  or  damaged  by  fire  or  other  unavoid- 
able casualty  so  that  the  same  shall  be  thereby  rendered  unfit  for  use 
and  habitation,  then  and  in  such  case  the  rent  hereinbefore  reserved,  or 
a  just  and  proportionate  part  thereof  according  to  the  natiire  and  extent 
of  the  injury  sustained,  shall  be  suspended  or  abated  until  the  said 
premises  shall  have  been  put  in  proper  condition  for  use  and  habitation 
by  the  said  lessor,  or  these  presents  shall  thereby  be  determined  and 
ended  at  the  election  of  the  said  lessor  or  his  legal  representatives.  It  is 
expressly  agreed  that,  if  any  merchandise  or  property  that  may  be  in 
the  premises  during  said  term  shall  be  injured  or  destroyed  by  water 
or  otherwise,  no  part  of  such  loss  or  damage  shall  be  borne  by  the  said 
lessor;  and,  also,  that  the  said  lessee  will  keep  all  the  glass  in  the  prem- 
ises in  good  repair,  and  leave  the  same  at  the  end  of  said  term  in  good 
condition.  And  it  is  expressly  agreed  and  understood  by  and  between 
the  parties  hereto,  that ,  of  the  first  part,  shall  have,  and  by 


358  TEXAS  CIVIL  FORM  BOOK. 

this  contract  has  a  valid  first  lien  upon  any  and  all  the  goods,  furniture, 

chattels  or  property  of  any  description,  belonging  to ,  of 

the  second  part,  to  secure  the  prompt  payment  of  the  rent  herein  stipu- 
lated to  be  paid  for  the  use  of  said  premises.  And  the  said  lessor 
covenants  and  agrees  with  the  said  lessee  and  his  representatives  that  he 
and  they  paying  the  rent  aforesaid,  and  performing  each  and  all  the 
covenants  herein  contained  on  his  and  their  part  to  be  paid  and  per- 
formed, shall  peaceably  hold  and  enjoy  the  said  herein  demised  premises 
without  hindrance  or  interruption  by  the  said  lessor  or  any  other  person 
or  persons  whomsoever. 

Witness  our  hands  at ,  this  ....  day  of ,  "A.  D.  19.  . 


Signed  and  delivered  in  the  presence  of 
R.  S.  Art.  3249  (3121). 


No.  480. 
LEASE— OIL,  ETC. 

Agreement,  made  and  entered  into  this  .  .  .  day  of ,  A.  D.  19.  ., 

by  and  between of  the  county  of ,  and  State  of 

Texas,  party  of  the  first  part,  and ,  party  of  the  second  part: 

Witnesseth:  That  the  said  party  of  the  first  part,  for  and  in  con- 
sideration of  the  sum  of  one  dollar  to  him  in  hand  well  and  truly  paid, 
the  receipt  of  which  is  hereby  acknowledged,  and  in  further  considera- 
tion of  the  covenants  and  agreements  hereinafter  mentioned,  does 
covenant  and  agree  to  lease,  and  by  these  presents  has  leased  and  granted 
the  exclusive  right  unto  the  party  of  the  second  part,  his  heirs  or  assigns, 
for  the  purpose  of  operating  and  drilling  for  petroleum  or  gas,  mineral 
or  mineral  substances,  to  lay  pipe  lines,  erect  necessary  buildings,  re- 
lease and  subdivide  all  of  that  certain  tract  of  land  situate  in 

County,  State  of  Texas,  and  bounded  and  described  as  follows,  to  wit: 
(here  describe  the  property),  containing  ....  acres. 

The  party  of  the  second  part,  his  heirs  or  assigns,  to  have  and  to  hold 
the  said  premises  for  and  during  the  term  of  ten  years  from  the  date 
hereof,  and  so  long  thereafter  >as  oil  or  gas,  mineral  or  mineral  sub- 
gtances  can  be  produced  in  paying  quantities. 

The  party  of  the  second  part,  his  heirs  or  assigns,  agrees  to  give  to  the 

party  of  the  first  part  one part  of  all  the  petroleum  obtained  from 

said  premises,  as  produced  in  the  crude  state,  the  said  one part  of 

the  petroleum  to  be  set  apart  in  tanks  or  in  the  pipe  line  running  said 


TEXAS  CIVIL  FORM  BOOK.  359 

petroleum  to  the  credit  and  for  the  benefit  of  the  said  party  of  the  first 
part.  The  said  party  of  the  first  part  is  to  fully  use  and  enjoy  the  said 
premises  for  the  purposes  of  tillage,  except  such  part  as  shall  be  necessary 
for  said  mining  purposes,  and  a  right  of  way  over  and  across  said 
premises  to  the  place  or  places  of  mining  or  operating.  The  said 
party  of  the  second  part  is  further  to  have  the  privilege  of  using  suffi- 
cient gas,  water  and  timber  from  the  premises,  herein  leased,  to  run  the 
necessary  engines  or  for  building  purposes,  and  the  right  to  remove  any 
machinery,  fixtures  and  buildings  placed  on  said  premises  by  said  party 
of  the  second  part,  or  those  acting  under  him,  and  is  not  to  put  down 
any  well  for  oil  on  the  land-  hereby  leased  within  ten  rods  of  the  build- 
ings now  on  said  premises  without  the  consent  of  the  said  party  of  tjie 

first  part 

It  is  agreed,  that  if  gas  is  found  in  paying  quantities,  the  considera- 
tion in  full  to  the  party  of  the  first  part  for  gas  shall  be  one  hundred 
dollars  per  annum  for  gas  from  each  well  when  utilized  and  sold. 
The  party  of  the  second  part  agrees  to  commence  operations  within 

month.  .   from  the  execution  of  this  lease,  or  in  lieu  thereof, 

thereafter  to  pay  to  the  said  party  of  the  first  part per  acre  per 

annum  until  work  is  commenced. 

And  it  is  further  agreed,  that  the  second  party,  his  heirs  or  assigns, 
shall  have  the  right  at  any  time  to  surrender  up  this  lease,  and  be  re- 
leased from  all  moneys  due  and  conditions  unfulfilled,  then  and  from 
that  time  this  lease  and  agreement  shall  be  null  and  void  and  no  longer 
binding  on  either  party,  and  the  payments  which  shall  have  been  made 
be  held  by  the  party  of  the  first  part  as  full  stipulated  damages  for  the 
nonfulfillment  of  the  foregoing  contract;  and  all  conditions  between  the 
parties  hereunto  shall  extend  to  their  heirs,  executors  and  assigns. 
Witness  the  following  signatures  and  seals. 

(Seal.) 

(Seal.) 

(Seal.) 

(Seal.) 

(Seal.) 

Act  regulating  drilling,  operating,  etc.,  of  oil  wells,  etc.     See  26th  Leg.,  Reg. 
Ses.    (1899),  p.  68. 


No.  481. 

GRANT— DRILLING  OIL  WELL,  ETC. 

In  consideration  of  the  sum  of  one  dollar,  receipt  of  which  is  hereby 
acknowledged,  and  of  the  covenants  and  agreements  hereinafter  con- 
tained   (mail  address postoffice County, 

) ,   first  party  hereto  hereby  grants   and   warrants   unto 


360  TEXAS  CIVIL  FORM  BOOK. 

,  the  second  party  hereto,  heirs,  successors  and 

assigns,  upon  the  terms  and  conditions  hereinafter  contained,  all  the 
oil  and  gas  in  and  under  the  following  described  premises,  together  with 
the  exclusive  right  to  enter  thereon  at  all  times  for  the  purpose  of 
drilling  and  operating  for  and  removing  the  same ;  to  erect,  maintain  or 
move,  at  any  time,  all  buildings,  structures,  pipes,  pipe  lines  and 
machinery  necessary  for  the  production  and  transportation  of  same. 
Provided,  that  second  party  shall  not  use  any  part  of  said  premises 
except  such  part  as  is  actually  needed  for  above  purposes :  A  lot  of  land 
situated ,  county  of ,  in  the  State  of ,  de- 
scribed as  follows,  to  wit (here  describe  the  premises). 

The  above  grant  is  made  upon  the  following  terms : 

First.  Second  party  agrees  to  drill  a  well  upon  said  premises,  com- 
mencing within from  this  date,  or  thereafter  pay  to  first  party 

the  sum  of per  annum,  payable until  said  well  is  com  - 

menced,  or  the  property  hereby  granted  is  reconveyed  to  the  first  party, 
or  this  grant  is  surrendered,  abandoned  or  forfeited  by  its  terms.  A 

deposit  to  the  credit  of  first  party  in  the bank  of shall 

be  a  good  and  sufficient  payment  for  any  money  falling  due  under  this 
grant. 

Second.  Should  oil  be  found  upon  the  premises,  second  party  agrees 

to  deliver  to  the  first  party  the  one-tenth part  of  all  the  oil  that 

may  be  delivered  in  pipe  lines. 

Third.  Should  gas  be  found,  second  party  agrees  to  pay  first  party 

dollars  each  year  for  each  well  from  which  gas  is  used  off  the 

premises  by  the  second  party,  commencing  with  the  time  gas  is  first 
transported  off  said  premises,  and  such  payment  is  to  be  in  lieu  of  the 
acreage  payments  above  mentioned. 

Fourth.  As  long  as  the  second  party  shall  sell  the  gas  from  any  gas 
well  on  said  premises,  the  first  party  shall  be  entitled  to  have  enough  gas, 
free  of  cost,  to  heat  and  light  one  dwelling-ho.use  on  said  premises  and 
for  domestic  uses  connected  with  said  dwelling-house,  but  shall,  at  the 
cost  and  sole  risk  of  first  party,  lay  and  maintain  the  surface  pipes ;  and 
the  party  of  the  second  part  shall  make  connections  with  the  well  or  pipe 
line  at  the  most  convenient  place. 

Fifth.  Second  party  to  have  wood  and  rig  timbers  free  for  operating 
this  lease. 

Sixth.  Should  second  party  fail  to  pay  within  sixty  days  after  the 
same  becomes  due  any  sum  of  money  herein  agreed  to  be  paid  to  first 
party,  the  first  and  second  party  mutually  agree  that  second  party  shall 
have  the  right,  for  one  dollar,  cash,  to  be  paid  to  first  party  at  time  of 
reconveyance,  to  reconvey  all  interest  conferred  upon  the  second  party 
or  their  assigns  by  reason  of  this  instrument,  which  reconveyance  first 
party  hereby  agrees  to  accept  and  release  the  second  party  from  all 
liabilities  incurred  by  reason  of  the  within  grant,  except  the  obligation 
to  pay  all  sums  accrued  to  date  of  reconveyance. 


TEXAS  CIVIL  FORM  BOOK.  361 

Seventh.  At  any  time  within  thirty  days  from   the  expiration  of 

years  from  the  date  hereof,  providing  second  party  shall  have 

failed  to  drill  a  well  on  the  premises  herein  described,  first  party  may 
terminate  this  grant  upon  giving  second  party  sixty  days'  written  notice 
of  his  or  their  desire  to  so  terminate  it,  and  thereupon  the  second  party 
shall  execute  a  release  to  the  first  party. 

Eighth.  The  second  party  shall  have  the  right,  free  of  charge,  to  use 
sufficient  water  from  the  premises  to  run  all  machinery  for  developing 
and  operating  said  property,  and  the  right  to  remove  all  property  at  any 
time  and  the  right  to  assign  this  grant  and  all  interest  acquired  there- 
under in  whole  or  in  part,  subject  to  all  the  terms  and  conditions  thereof. 

It  is  further  contracted  by  and  between  the  above  mentioned  parties, 
in  consideration  of.  one  dollar  paid  by  the  part .  .  of  the  second  part  to  the 
part. .  of  the  first  part,  at  this  date,  that  the  part. .  of  the  second  part, 
....  assigns  or  legal  representatives,  shall  have  the  sole  and  exclusive 
right,  privilege  and  option  of  .becoming  the  purchaser  of  the  mineral 
rights  of  the  above  described  land  or  real  property,  or  any  portion 

second  part.  .  may  select,  at  any  time  within from  the  completion 

of  first  well,  for  the  price  and  sum  of dollars  per  acre,  provided 

and  upon  condition  only  that  said  purchase  shall  be  made  within  the 
time  above  limited,  by  giving  the  part .  .  of  the  first  part  written  notice 
of  election  to  make  such  purchase  for  said  price  upon  said  terms,  in 
which  case  this  lease  shall  be  void  from  the  date  of  such  purchase  on  that 
part  purchased  and  paid  for.  First  part . .  to  have  a  reasonable  time  to 
perfect  and  furnish  abstract  of  title,  and  hereby  agree . .  to  give  a  clear 
warranty  deed. 

In  witness  whereof  the  parties,  hereto  have  hereunto  set  their  hands 

and  seals  this  ....  day  of ,  A.  D.  19. . 

(Seal.) 

(Seal.) 

(Seal.) 


Signed,  sealed  and  delivered  in  the  presence  of 


SINGLE    ACKNOWLEDGMENT. 

The  State  of  Texas,  County  of 

Before  me, . .  .,  in  and  for  said  county  and  State,  on  this 

day  personally  appeared ,  known  to  me  to  be  the  person.  . 

whose  name.  .  subscribed  to  the  foregoing  instrument  and  acknowledged 
to  me  that  .  .  he .  .  executed  the  same  for  the  purposes  and  consideration 
therein  expressed. 

Given  under  my  hand  and  seal  of  office  this day  of , 

A.  D.  19.. 


362 


TEXAS  CIVIL  FORM  BOOK. 


JOINT  ACKNOWLEDGMENT. 

The  State  of  Texas,  County  of 

Before  me, ,  in  and  for County,  Texas,  on  this 

day  personally  appeared and ,  wife  of 

,  known  to  me  to  be  the  persons  whose  names  are  sub- 
scribed to  the  foregoing  instrument,  and  acknowledged  to  me  that  they 
executed  the  same  for  the  purposes  and  consideration  therein  expressed. 

And  the  said ,  wife  of  the  said ,  having  been 

examined  by  me  privily  and  apart  from  her  husband,  and  having  the 
same  by  me  fully  explained  to  her,  she,  the  said ,  acknowl- 
edged such  instrument  to  be  her  act  and  deed,  and  she  declared  that  she 
had  willingly  signed  the  same  for  the  purposes  and  consideration  therein 
expressed,  and  that  she  did  not  wish  to  retract  it. 

Given  under  my  hand  and  seal  of  office  this day  of , 

A.  D.  19.. 


Grant.  From to ,  acres  in , 

range ;   acres  in ,  range Dated 

,  19.. 

Range  Range WELLS 


PAYMENTS, 


Date 

For  What  Paid             Amount 

Regulating  and    operating    wells,  oil,  gas  and  water.     29th  Leg.,  Reg.   Ses. 
(1905),  p.  228. 


TEXAS  CIVIL  FORM  BOOK.  3G3 

•      LIEN. 

No.  482. 
LIVE  STOCK. 
The  State  of  Texas,  County  of 

This  contract,  made  and  entered  into  by  and  between 

of County,  Texas,  party  of  the  first  part,  and 

of County,  Texas,  party  of  the  second  part,  witnesseth : 

That  the  said  party  of  the  first  part  is  the  owner  of certain 

....  (mare  or  cow)  ....  of  the  following  description,  viz :  color, 

age,  ....  years,  mark, ,  brand ,  and  the  said  party  of  the 

second  part  is  the  owner  of  a  certain (stallion,  jack  or  bull) 

which  he  keeps  confined  for  the  purpose  of  standing  him  for  profit,,  and 

which  ....  (stallion,  jack  or  bull)  ....  is  described  as  follows 

(here  describe  the  animal),  and  he  represents  the  same  to  be  of  the 
following  pedigree,  viz  :  : 

And  the  said  party  of  the  first  part  desires,  or  has  procured,  the 
aforesaid  ....  (mare  or  cow)  ....  to  be  served  by  said  ....  (stallion, 
jack  or  bull)  .  .  .  .,  for  which  service  he  agrees  to  pay  to  the  said  party  of 

the  second  part  the  sum  of dollars,  to  be  due  and  payable  on  the 

....  day  of ,  19 .  .,  with  interest  from at  the  rate  of  .... 

per  cent  per  annum ;  and  for  the  purpose  of  securing  prompt  payment  of 
the  same,  the  said  party  of  the  first  part  agrees  that  the  said  party  of  the 
second  part  shall  have  a  preference  lien  upon  the  progeny  of  said  .... 
(stallion,  jack  or  bull)  .  . .  .,  as  provided  by  an  act  of  the  Twenty-first 
Legislature,  approved  April  3,  1889,  and  such  lien  may  be  foreclosed  in 
the  same  manner  as  other  mortgage  liens  on  personal  property. 

In  witness  whereof  the  said  parties  hereto  set  their  hands  on  this  the 
day  of ,  A.  D.  19.  . 

29th  Leg.,  Reg.   Ses.    (1905),  p.  24. 


Witnesses: 


Party  of  the  First  Part. 
Party  of  the  Second  Part. 


[Acknowledgment  same  as  in  deeds.] 
R.  S.  Arts.  3335-3339. 

The  owner  or  keeper  of  any  stallion,  jack  or  bull,  who  keeps  the  same 
confined  for  the  purpose  of  standing  them  for  profit,  shall  have  a  prefer- 
ence lien  upon  the  progeny  of  such  stallion,  jack  or  bull,  to  secure  the 
payment  of  the  amount  due  such  owner  or  keeper  for  services  of  such 
stallion,  jack  or  bull.  Such  lien  may  be  foreclosed  in  the  same  manner 


364  TEXAS  CIVIL  FORM  BOOK. 

as  other  mortgage  liens  upon  personal  property  in  Texas;  provided,  that 
where  parties  misrepresent  their  stock  by  false  pedigree  no  lien  shall 
obtain. 

Such  lien  shall  remain  in  force  for  twelve  months  from  the  birth  of 
said  progeny,  but  shall  not  be  enforced  until  six  months  after  such  birth. 

In  order  to  fix  said  lien  such  contract  should  be  filed  in  the  office  of 
the  county  clerk  of  the  county  of  the  residence  of  the  person  benefited 
by  such  service,  and  recorded  therein. 

If  the  contract  or  agreement  be  verbal  a  duplicate  copy  of  the  same 
shall  be  made  under  oath;  one  to  be  delivered  to  the  county  clerk  to  be 
filed  and  recorded  and  the  other  to  be  transmitted  to  the  party  owing 
the  debt.  The  contract,  written  or  sworn  to,  shall  contain  a  definite  de- 
scription by  marks,  brands  and  color  of  the  mother  of  such  progeny. 


No.  483. 

LABORER'S,  ETC.,  LIEN. 

26th  Leg.,  Reg.  Ses.   (1897),  p.  218. 
Sayles'  Ant.  Sts.,  Arts.  3339a-3339f. 

AFFIDAVIT  —  LABORER'S,  ETC.,  ACCOUNT. 
The  State  of  Texas,  County  of 

,  affiant,  makes  oath  and  says  that  the  annexed  is  a  true 

and  correct  account  of  the  amount  due  him  by for  labor 

and  services  done  and  performed  by  affiant  for  the  said , 

at  his  special  instance  and  request,  under  and  by  virtue  of  a  verbal  (or 
written,  as  the  case  may  be)  contract,  substantially  as  follows  (here 
briefly  state  the  agreement  or  contract);  that  said  account  and  the 

amount  therein  stated,  to  wit dollars,  is,  within  the  knowledge  of 

affiant,  just  and  true ;  that  it  is  due,  and  that  all  just  and  lawful  offsets, 

payments  and  credits  have  been  allowed,  and  the  said , 

though  requested,  has  failed  (or  refused)  to  pay  the  same  or  any  part 

thereof ;  that  said  indebtedness  accrued  upon  the  ....  day  of , 

A.  D.  19..,  and  that  within  thirty  days  after  said  indebtedness  had 

accrued,  to  wit,  on  the  ....  day  of ,  A.  D.  19.  .,  affiant  made  and 

presented  to  the  said* ,  a  duplicate  account  of  such  service, 

with  amount  due  him  for  the  same,  and  affiant  now  makes  this  affidavit 
to  fix  and  secure  his  laborer's  lien  upon  the  following  described  property 

belonging  to    (or  in  the  possession  of)   the  said ,  to  wit 

(here  describe  said  property),  in  accordance  with  the  statutes  in  such 
cases  made  and  provided. 


Subscribed  and  sworn  to  before  me,  this  .  . .  day  of ,  A.  D.  19 .  . 

(Seal.)  

Notary  Public,    County,   Texas. 


TEXAS  CIVIL  FORM  BOOK.  365 

Said  account  shall  be  made  out  in  duplicate,  one  of  which  shall  be 
presented  to  the  said  employer,  etc.,  and  the  other  filed  with  the  county 
clerk  of  said  county,  within  thirty  days  after  said  indebtedness  shall  have 
accrued.  If  service  by  agreement  is  performed  by  the  day  or  week,  said 
wages  shall  be  due  and  payable  weekly,  or  if  by  the  month,  monthly. 

Sayles'  Ant.  Sts.,  Art.  3339c. 

Allen  et  al.  v.  Glover,  65  S.  W.  R.  379. 


LIQUOR  DEALERS  AND  TAXATION. 

Taxation — Sale  of  liquor  regulated.     R.  S.   Arts.  5060a-5060j. 
Liquor  Dealers.     R.  S.  Arts.  3380-3383. 

No.  484. 

APPLICATION  FOR  LICENSE  FOR  THE  SALE  OF  SPIRITUOUS,  VINOUS  OR 
MALT  LIQUORS  OR  MEDICATED  BITTERS. 

The  State  of  Texas,  County  of 

I  — we  —  the  undersigned,  hereby  make  application  for  license  for  the 

sale  of  (a) in  quantities  of to  be  —  (6)  not  to  be  — 

drunk  on  the  premises;  and,  having  been  duly  sworn,  declare  that,  on 

the  ....  day  of ,  A.  D.  19 .  .,  I  —  we  —  intend  to  engage  La  the 

sale  of  such  liquors,  in  the  quantities  and  in  the  manner  above  applied 

for,  at  fto , street,  in  the of ,  count  v 

of 

(Signed) 

Subscribed  and  sworn  to  before  me,  this  . .  .  day  of ,  A.  D.  19. . 


a.  State  whether  it  is  proposed  to  sell  spirituous,  vinous  and  malt 
liquors,  or  malt  liquors  exclusively. 

6.  If  to  be  drunk  on  the  premises,  strike  out  the  words  "  not  to  be," 
so  as  to  show  clearly  the  intention  of  applicant. 

R.  S.  Art.  5060c.     As  amended  by  25th  Leg.,  Reg.  Ses.   (1897),  p.  224. 


No.  485. 

LIQUOR  DEALER'S  BOND- SPIRITUOUS. 
The  State  of  Texas,  County  of 

Whereas,    desires  to  engage  in  the  sale  of  spirituous, 

vinous  and  malt  liquors,  and  medicated  bitters  capable  of  producing  in- 
toxication, to  be  drunk  on  the  premises,  in  quantities  of  one  gallon  or 


366  TEXAS  CIVIL  FORM  BOOK. 

.,  at ,  in  the of ,  in  the  county  of 

,  State  of  Texas,  and  has  made  the  application  and  paid  the 

taxes  required  by  law. : 

Therefore,  know  all  men  by  these  presents,  that  we, ,  as 

principal,  and and ,  as  sureties,  are  held  and 

firmly  bound  unto  the  State  of  Texas  in  the  sum  of  five  thousand  dollars, 
for  the  payment  of  which  we  bind  ourselves,  our  heirs  and  legal  repre- 
sentatives, jointly  and  severally: 

Conditioned,  that  the  said ,  principal,  shall  keep  an 

open,  quiet  and  orderly  house  or  place  for  the  sale  of  spirituous,  vinous 
or  malt  liquors,  or  medicated  bitters  capable  of  producing  intoxication , 

and  that or  .  . . ,  agent  or  employe,  will  not  sell  nor 

permit  to  be  sold  in house  or  place  of  business,  nor  give 

nor  permit  to  be  given  any  spirituous,  vinous  or  malt  liquors,  or  medi- 
cated bitters  capable  of  producing  intoxication,  to  any  person  under  the 
age  of  twenty-one  years,  or  to  a  student  of  any  institution  of  learning, 
or  to  any  habitual  drunkard,  or  to  any  person  after  having  been  notified 
in  writing,  through  the  sheriff  or  other  peace  officer,  by  the  wife,  mother, 
daughter  or  sister  of  the  person,  not  to  sell  to  such  person;  and  that 

will  not  permit  any  person  under  the  age  of  twenty-one  years 

to  enter  and  remain  in  such  house  or  place  of  business ;  and  that 

will  not  permit  any  games  prohibited  by  the  laws  of  this  State  to  bo 
played,  dealt  or  exhibited  in  or  about  such  house  or  place  of  business; 

and  that will  not  rent  or  let  any  part  of  the  house  or  place  in 

which  undertake  to  sell  spirituous,  vinous  or  malt 

liquors  or  medicated  bitters  capable  of  producing  intoxication  in  any 
quantity  to  be  drunk  on  the  premises,  to  any  person  or  persons  for  the 
purpose  of  running  or  conducting  any  game  or  games  prohibited  by  the 

laws  of  this  State;  and  that will  not  adulterate  the  liquors  sold 

by in  any  manner,  by  mixing  with  the  same  any  drug;  and  that 

will  not  knowingly  sell  or  give  away  any  impure  or  adulterated 

liquors  of  any  kind;  then  this  obligation  to  be  null  and  void,  otherwise 
lo  remain  in  full  force  and  effect. 

Witness  our  hands  this  ....  day  of ,  A.  D.  19.  . 


Approved  this  ....  day  of ,  A.  D.  19.  . 

Judge County,  Texas. 

R.  S.  Art.  5060g.  Art.  5060g  of  1895  amended  by  27th  Leg.,  p.  314. 


TEXAS  CIVIL  FORM  BOOK.  367 

The  State  of  Texas,  County  of 

Before  me, (name  and  official  character  of  the  officer), 

of  the  county  of ,  in  the  State  of  Texas,  on  this  day  personally 

appeared ,  known  to  me  (or  proved  to  me  on  the  oath  of 

. . .' )  to  be  the  persons  whose  names  are  subscribed  to  the 

foregoing  instrument,  and  acknowledged  to  me  that  they  executed  the 
same  for  the  purposes  and  consideration  therein  expressed. 

Given  under  my  hand  and  seal  of  office  this day  of , 

A.  D.  19.. 

(Seal.)  

OATH  OF  SURETIES. 

The  State  of  Texas,  County  of 

We,  each  of  us, and ,  do  swear  that  we  are 

worth,  in  our  own  right,  at  least  the  sum  of dollars,  after  deduct- 
ing from  our  property  all  that  which  is  exempt  by  the  Constitution  and 
laws  of  the  State  from  forced  sale,  and  after  the  payment  of  all  our 
debts  of  every  description,  whether  individual  or  security  debts,  and 
after  satisfying  ajl  incumbrances  upon  our  property  which  are  known 

to  us;  and  that  we  reside  in  the  county  of ,  and  have  property 

in  the  State  liable  to  execution  worth :    the  said ^sum  of 

......  dollars ;  the  said sum  of dollars ;  the  said 

sum  of dollars,  or  more. 


Subscribed  and  sworn  to  before  me,  this  .  . .  day  of ,  A.  D.  19.  . 

(Seal.)  

INDORSEMENT   ON    BOND. 

No Liquor  Dealer's  Bond  (Spirituous)  —  Bond  of , 

principal,  and  and  and  ,  sureties. 

Filed  this  .  . , .  day  of ,  A.  D.  19 ,  County  Clerk, 

County,  Texas.  By ,  Deputy. 

Recorded  this  ....  day  of ,  A.  D.  19.  .,  in  the  record  of  liquor 

dealers'  bonds  of County,  Texas,  in  volume  .  . .  .,  page  .  . .  ., 

,  County  Clerk  of County,  Texas.  By 

Deputy. 

Fees —  Recording,  $ ;  acknowledgment,  $ ;  total,  $ •. 


3G8  TEXAS  CIVIL  FORM  BOOK. 

MOKTGAGES. 

No.  486. 

CHATTEL  MORTGAGE. 
The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  I, ,  of 

County,  Texas,  in  consideration  of  one  dollar  to  me  paid  by , 

the  receipt  whereof  is  hereby  acknowledged,  have  bargained,  sold  and 
conveyed  and  by  these  presents  do  hereby  bargain,  sell  and  convey  to 

the  said the  following  described  personal  property,  viz : 

(here  describe  the  property). 

To  have  and  to  hold  the  same  to  the  use  of  said ,  his 

heirs,  executors,  administrators  and  assigns  forever. 

And  I  bind  myself,  my  heirs,  executors  and  administrators,  to  war- 
rant and  forever  defend  the  title  to  said  property  unto  the  said , 

his  heirs  and  assigns,  against  the  lawful  claims  of  any  person  whom- 
soever.    Said  property  being  now  situated  in ,  in 

County,  Texas,  and  shall  remain  in  my  possession,  subject  to  all  the 
conditions  hereinafter  mentioned. 

The  foregoing  sale,  however,  is  intended  as  a  mortgage  to  secure  the 

payment  of  my  indebtedness  to ,  the  same  being  evidenced 

by  two  notes  made  by ,  dated  ....  day  of ,  A.  D. 

19.  .,  and  described  as  follows (here  describe  said  notes,  giving 

the  amount,  when  due,  etc.) 

Provided,  nevertheless,  that  if  said  mortgagor  shall  duly  pay  said 
notes  according  to  the  tenor  and  effect  thereof,  said  conveyance  shall 
become  null  and  void,  otherwise  to  remain  in  full  force  and  effect. 

The  mortgagor  hereby  expressly  agrees  and  covenants  that  on  default 
of  payment  of  principal  or  interest,  or  any  sale,  or  any  attempt  to  sell 
said  goods  or  chattels,  or  any  part  of  them,  or  to  remove  them,  or  any 
part  of  them,  from  the  county,  or  from  their  present  location,  or  upon 
any  seizure  of  them,  or  any  part  of  them,  by  any  process  of  law,  or  if 
any  holder  of  said  note.  .  shall  at  any  time  feel  unsafe  or  insecure  from 
any  cause,  then,  and  in  that  event,  said  mortgagee  or  his  assigns,  agent 
or  representative  is  hereby  authorized  at  his  option  to  declare  all  said 
notes  due  and  to  take  actual  possession  of  said  property,  and  to  sell  the 

same  at  public  auction  for  cash,  at ,  in County, 

Texas,  with  or  without  having  possession  of  said  property  present  at 
said  sale,  after  having  given  notice  of  the  time,  place  and  terms  of  said 
sale,  as  the  law  now  requires  for  sales  of  personal  property  under 
execution.  And  the  proceeds  arising  from  such  sale  shall  be  applied  — 
first  to  the  necessary  and  proper  expenses  of  such  sale,  then  to  the  pay- 
ment of  said  notes  then  remaining  unpaid,  the  balance,  if  any,  to  be 
paid  to  said  mortgagor  or  his  order.  The  said  mortgagee  or  assigns 


TEXAS  CIVIL  FORM  BOOK.  309 

having  power  to  receive  said  money  and  make  bills  of  sale  of  said 
property. 

Witness  my  hand  this  ....  day  of ,  A.  D.  19 .  . 


Witnesses : 


R.  S.  Art.  3327. 

Chattel  mortgage  should  be  forthwith  deposited  with  and  filed  in  the 
o'fice  of  the  county  clerk,  etc. 

R.  S.  Art.  3328.  Arts.  3328  and  4651  (  18!Kj|.  anii'iidod  by  25th  Leg.,  Reg.  Ses. 
(1897),  p.  209. 


No.  487. 
CROP— CHATTEL  MORTGAGE. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  I,  ,  of 

County,  Texas,  to  secure  my  indebtedness  to ,  of 

County,  Texas,  amounting  to dollars,  as  is  evidenced  by  my  note 

payable  to ,  dated  on  the  ....  day  of  .......  19.  .,  and  du*1 

on  the  .  . .  day  of ,  19.  .,  and  also  such  other  sums  of  money  which 

I  may  be  owing  him  for  merchandise,  money,  provisions  or  advances 
made  by  me  during  the  year  19 . . ,  all  of  which  said  indebtedness  I 

promise  to  pay  at ,  Texas,  have  this  day  and  by  these  presents 

granted,  sold,  conveyed  and  mortgaged  to  the  said ,  his 

heirs  and  assigns,  free  of  prior  liens  or  other  incumb ranee,  all  that  cer- 
tain property  owned  by  me  and  now  in  my  possession  in  said  county  of 
and  described  as  follows (here  describe  the  property). 

Also  my  entire  crop  of  cotton  and  corn  or  other  produce  planted  or 
to  be  planted  and  grown  by  me  and  those  in  my  employ,  or  any  other 
crop  1  may  have  an  interest  in  during  the  year  19. .,  on  the  farm  of 

..'.... ,  situated  in  said  county  about miles oi'  the 

town  of in  said  county,  now  occupied  by  me,  or  on  any  other 

farm  or  crop  I  may  be  interested  in,  consisting  of  not  less  than 

acns  in  cotton  and acres  in  corn;  and  also  all  succeeding  crops 

raised  by  me  on  said  farm  or  elsewhere  in  or  outside  of  said  county  at 
any  time  hereafter,  until  said  indebtedness  is  paid. 

T  agree  to  cultivate  said  land  in  a  farmer-like  manner,  to  gather  the 
crops  in  good  time,  order  and  condition ;  to  have  the  cotton  ginned  and 
baled,  and  to  deliver  all  of  said  cotton,  corn  or  other  produce  raised  on 
said  land,  at  my  expense,  from  time  to  time,  and  as  rapidly  as  it  can  be 

made  ready  for  market,  to  the  said ,  at ,  Texas,  if 

Form  Book  —  24. 


370  TEXAS  CIVIL  FORM  BOOK. 

by  him  required,  and  he  shall  have  the  exclusive  right  to  sell  the  same 
and  apply  the  proceeds  of  sale  to  the  payment  of  said  indebtedness 

And  in  case  of  my  failure  to  pay  said  indebtedness  or  any  part  thereof, 

when  it  becomes  due,  to  the  said ,  or  the  legal  holder 

thereof,  or  in  case  I  should  remove  said  property  or  any  part  thereof  be- 
yond the  limits  of  said  county,  or  sell  or  otherwise  dispose  of  the  same, 

without  the  written  consent  of  the  said ,  or  the  holder  of 

the  said  indebtedness,  or  in  case  he  may  at  any  time  deem  himself  in- 
secure, at  his  option,  he  may  declare  said  indebtedness  due  and  take 
immediate  possession  by  himself  or  agent  of  any  or  all  of  said  property, 
and  sell  the  same  at  public  or  private  sale  for  cash ;  and  if  at  public  sale, 

at ,  in  said  county,  after  giving  ten  days'  notice  of  the  time, 

terms  and  place  of  sale  by  posting  a  written  notice  hereof  at 

(or  the  said or  holder  of  said  indebtedness  at  his  option 

may  proceed  at  law  for  the  collection  of  same);  and  after  any  such  sale 
he  shall  apply  the  proceeds  of  sale,  after  paying  the  expenses  of  sale, 
to  the  payment  of  said  indebtedness,  and  the  balance,  if  any,  to  be  paid 
to  me  or  my  order. 

And  in  case  of  any  such  sale  I  agree  at  my  expense  to  deliver  said 

property  to  the  said ,  on  the  day  of  sale  at ,  in 

said <. .  County;  but  any  such  sale  made  by  said 

shall  be  valid  and  binding,  whether  said  property  be  present  at  any  such 
sale  or  not. 

Witness  my  hand  this  the  ....  day  of ,  A.  D.  19.  . 


Attest : 


Witnesses. 


No.  488. 

MORTGAGE  TO  INDEMNIFY  SECURITY. 
The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  I, ,  of  said  county 

and  State,  for  and  in  consideration  of  the  sum  of dollars,  to  me 

in  hand  paid  by of  the  county  of and  State  of 

Texas,  the  receipt  of  which  is  hereby  acknowledged,  do,  by  these  presents, 

bargain,  sell  and  convey  unto  the  said ,  his  heirs  and 

assigns,  the  following  described  property,  to  wit (here  describe 

the  property). 

And  I  hereby  bind  myself,  my  heirs,  executors  and  administrators,  to 
warrant  and  forever  defend  the  right  and  title  to  said  property  to  the 
said ,  his  heirs  and  assigns,  against  the  lawful  claim  of  any 


TEXAS  CIVIL  FORM  BOOK.  371 

person  whomsoever.  This  conveyance,  however,  is  intended  as  a  mort- 
gage, 1  being  indebted  to  .  . . in  the  sum  of dollars,  as 

evidenced  by  a  certain  promissory  note  bearing  date  ....  day  of  ....;., 

A.  D.  19. .,  and  due  ....  day  of ,  A.  D.  19 . .,  and  payable  to  the 

order  of ,  made  by  me  and  the  said ,  as  my 

security.  Now,  if  I  pay,  or  cause  to  be  paid,  said  indebtedness,  at  or 
before  its  maturity,  then  this  obligation  is  to  be  null  and  void;  but  in 

case  said  note  is  not  paid  at  its  maturity,  then  the  said 

is  hereby  fully  authorized  and  empowered  to  take  charge  of  the  property 
hereinbefore  described,  and  sell  the  same  at  public  outcry,  for  cash,  at 

,  in  said  county  and  State,  after  giving  notice  of  the  time, 

place  and  terms  of  said  sale,  by  posting  up  notices  of  the  said  sale  in 
three  public  places  in  said  county;  and  the  proceeds  arising  from  said 
sale  to  be  applied  to  the  payment  of  said  note,  interest  and  costs,  and 
the  balance,  if  any  then  remaining,  to  be  turned  over  to  me,  the  said 
,  or  my  order. 

The  holder  of  the  indebtedness  or  party  hereby  secured  may  become 
the  purchaser  at  such  sale,  being  the  highest  bidder. 

Witness  my  hand  this  ....  day  of ,  A.  D.  19.  . 


Witnesses. 


No.  489. 

MORTGAGE  DEED,  WITH   POWER  OF  SALE. 
The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  I,   ,  for  and  in 

consideration   of dollars  paid   by ,   the  receipt   of 

which  is  hereby  acknowledged  and  confessed,  do  hereby  give,  grant,  bar- 
gain, sell  and  convey  to  the  said a  certain  tract,  lot  or 

parcel  of  land  situate,  lying  and  being  in  the  county  of .,  State 

of  Texas,  and  bounded  and  described  as  follows (here  give  a 

description  of  the  land);  to  have  and  to  hold  the  above  described  land 
with  all  the  privileges  and  appurtenances  thereto  belonging,  to  the  said 
grantee,  his  heirs  and  assigns,  to  their  use  and  behoof  forever;  and  1, 
the  said  grantor,  for  myself  and  my  heirs,  executors  and  administrators, 
.do  covenant  with  the  said  grantee,  his  heirs  and  assigns,  that  I  am  law- 
fully seized  in  fee  simple  of  the  above  described  land  and  premises,  free 
from  all  incumbrances,  and  that  I  have  a  good  right  to  sell  and  convey 
the  same  to  the  said  grantee,  his  heirs  and  assigns,  as  aforesaid,  and 
that  I  will,  and  my  heirs,  executors  and  administrators  shall  warrant 
and  defend  the  same  to  the  said  grantee,  his  heirs  and  assigns,  forever, 


372  TEXAS  CIVIL  FORM  BOOK. 

against  the  lawful  claims  and  demands  of  all  persons;  provided,  never- 
theless, that  if  the  said  grantor,  his  heirs,  executors  or  administrators 
Bhall  pay  unto  the  said  grantee,  his  executors,  administrators  or  assigns, 

the  sum  of dollars  in  one  year  from  the  day  of  the  date  hereof, 

with  interest  on  said  sum  at  the  rate  of  ....  per  cent  per  annum,  evi- 
denced by  a  certain  promissory  note  of  even  date  herewith  executed 
by  me  and  payable  to  the  order  of  said  grantee,  and  until  such  payment, 
§hall  pay  all  taxes  and  assessments  levied  on  the  said  above  described 
premises,  and  shall  also  keep  the  buildings  standing  on  said  land  afore- 
said insured  in  the  sum  of  not  less  than dollars,  in  some  good  and 

responsible  fire  insurance  company  or  companies  approved  by  the  grantee 
herein,  for  the  benefit  of  the  said  grantee,  and  his  executors,  adminis- 
trators and  assigns,  to  whom  the  loss,  if  any,  shall  be  payable,  and  by 
whom  the  policies  shall  be  kept.  And  in  case  of  default  made  by  the 
Baid  grantor  in  performance  of  any  of  the  foregoing .  stipulations,  the 
same  may  be  performed  by  the  said  grantee  herein,  for  account  and  at 
the  expense  of  the  said  grantor  herein,  and  any  and  all  expenses  incurred 
and  paid  in  so  doing  shall  be  payable  by  the  said  grantor  to  the  said 
grantee  or  to  the  party -paying  such  expenses,  with  interest  at  the  rate 
of  ....  per  cent  per  annum  from  the  date  when  the  same  was  so  incurred 
Or  paid,  and  shall  stand  secured  and  payable  by  and  under  this  deed  in 
like  manner  with  the  other  indebtedness  herein  mentioned,  and  the 
amount  and  nature  of  such  expenses  and  time  when  paid  shall  be  held 
fully  established  by  the  affidavit  of  the  holder  or  holders  of  said  in- 
debtedness, of  the  party  paying  such  expenses,  or  of  his  or  their  agent. 
Now,  upon  the  payment  of  the  said  indebtedness  above  described,  both 
principal  and  interest,  as  the  same,  shall  become  due  and  payable,  and 
strictly  complying  with  all  the  conditions  and  requirements  herein  pro- 
vided, then  this  deed,  as  also  my  said  certain  promissory  note,  bearing 
even  date  with  these  present?,  whereby,  for  value  received,  I  promise  to 
pay  to  the  said  grantee  or  his  order  the. said  sum  and  interest,  at  the 
times  aforesaid,  shall  become  null  and  void  and  of  no  further  force  and 
effect,  and  shall  be  released  at  the  cost  and  expense  of  the  said  grantor 
herein.  But  should  the  said  grantor  herein  make  default  in  the  punc- 
tual payment  of  said  indebtedness,  or  any  part  thereof,  principal  or  in- 
terest, as  the  same  shall  become  due  and  payable,  or  should  said  grantee 
herein  in  any  respect  fail  to  keep  and  perform  any  one  or  more  of  the 
conditions  herein  provided  to  be  kept  and  performed  by  said  grantor, 
then,  and  in  any  such  case,  the  whole  amount  of  said  indebtedness  re- 
maining unpaid  shall,  at  the  option  of  the  holder  or  holders  of  said 
indebtedness,  immediately  mature  and  become  payable,  then  it  shall  be 
lawful  for  said  grantee  herein,  his  executors,  administrators  and  assigns, 
to  enter  into  and  upon  all  and  singular  the  land  and  premises  above  de- 
scribed and  herein  granted,  and  to  sell  and  dispose  of  the  same  at  public 

auction  in  front  of  the  courthouse  of ,  in -.  .  County,  in 

the  State  of  Texas,  on  the  first  Tuesday  in  any  month,  between  the 


TEXAS  CIVIL  FORM  BOOK.  373 

hours  of  10  o'clock  a.  m.  and  4  o'clock  p.  m.,  to  the  highest  bidder  for 
cash,  selling  all  the  above  property  conveyed  as  an  entirety  or  in  par- 
cels, as  the  grantee  herein  may  elect,  first  giving  notice  of  the  time  and 
place  of  sale  by  advertising  the  same  for  at  least  twenty  days  suc- 
cessively before  the  day  of  sale,  by  posting  up  written  or  printed  notices 

thereof  in  three  public  places  in County,  Texas,  one  of  which 

shall  be  at  the  courthouse  door  at ,  County,  Texas, 

and  in  his  or  their  own  name,  or  as  the  attorney  of  the  said  grantor 
herein,  for  that  purpose  by  these  presents  duly  authorized,  constituted 
and  appointed,  to  make  and  deliver  to  the  purchaser  or  purchasers 
thereof  a  good  and  sufficient  deed  or  deeds  of  conveyance  of  the  same  in 
fee  simple,  with  general  warranty,  binding  the  said  grantor,  his  heirs  and 
assigns,  and  out  of  the  money  arising  from  such  sale  to  retain  the  prin- 
cipal and  interest  which  shall  then  remain  due  of  the  moneys  mentioned 
in  the  condition  of  this  deed  as  aforesaid,  together  with  the  costs  and 
charges  of  advertising  and  selling  said  land  and  premises,  rendering  the 
balance  of  the  purchase  money,  if  any,  to  the  said  grantor,  his  heirs  01 
assigns,  and  such  sale,  so  to  be  made,  shall  forever  be  a  perpetual  ba?, 
both  in  law  and  in  equity,  against  the  said  grantor,  his  heirs  and  assigns, 
and  all  other  persons  claiming  or  to  claim  the  said  land  and  premises, 
or  any  part  thereof,  by,  from  or  under  him,  them  or  any  of  them. 

The  said  grantor  herein  hereby  declares  that  the  property  hereinbefore 
mentioned  and  conveyed  to  the  said  grantee  forms  no  part  of  any  prop- 
erty now  owned;  used  or  claimed  by  him  as  a  homestead,  or  exempt  from 
forced  sale  under  the  laws  of  the  State  of  Texas,  in  so  far  as  the  in- 
debtedness herein  mentioned  is  concerned,  and  disclaims  and  renounces 
all  and  every  claim  thereto  under  any  such  law  or  laws.  The  grantee 
shall  have  no  right  to  enter  and  take  possession  of  said  premises  until 
default  in  the  payment  of  said  sum  of  money,  or  other  default  as  heVein 
provided. 

Witness  my  hand  this  the  ....  day  of ,  A.  D.  19. . 


[Acknowledgment  same  as  given  under  deeds.] 

All  deeds  of  trust  and  mortgages  on  lands  should  be  acknowledged  or 
proved  and  filed  with  the  county  clerk  to  be  recorded  as  required  by  law. 
They  shall  be  recorded  in  the  county  where  such  real  estate  or  a  park 
thereof  is  situated;  provided,  that  all  such  instruments,  when  relating 
to  real  estate  situated  in  an  unorganized  county,  shall  be  recorded  in 
the  county  to  which  such  unorganized  county  is  attached  for  judicial 
purposes. 

R.  S.  Art.  4640a. 


374  TEXAS  CIVIL  FORM  BOOK. 

No.  490. 
CHATTEL  MORTGAGE— GOODS,  WARES   AND   MERCHANDISE. 


Know  all  men  by  these  presents,  that  I, • ,  of  the  county 

of ,  and  State  of  Texas,  for  and  in  consideration  of  the  sum 

of  one  dollar  to  me  in  hand  paid  by ,  the  receipt  of  which 

is  hereby  acknowledged  and  confessed,  and  for  the  purposes,  considera- 
tion and  use  hereinafter  set  forth  and  declared,  have  granted,  sold,  as- 
signed, transferred  and  delivered  and  hereby  by  these  presents  assign, 

transfer,  convey  and  deliver  unto  the  said ,  as  trustee  (and 

to  his  successor  herein  provided)  all  and  singular  the  certain  stock  of 

goods,  wares  and  merchandise,  situated  and  being  in  the  story 

brick  building,  situated  on  lot  number in  block  number 

of addition  to  the  city  of ,  in County, 

Texas ;  said  stock  of  goods,  wares  and  merchandise,  consisting  principally 
of  dry  goods,  notions  and  groceries,  such  as  hats,  shoes,  dress  goods, 
domestics,  notions,  flour,  meat,  coffee  and  sugar,  and  such  other  articles 
as  are  usually  kept  in  a  stock  of  general  merchandise,  together  with  the 
furniture  and  fixtures  and  such  other  stock  and  articles  belonging 
thereto ; 

To  have  and  to  hold,  unto  the  said ,  and  unto  his  suc- 
cessor and  substitute  herein  provided,  their  heirs  and  assigns  forever,  all 
and  singular  the  above  described  property,  goods,  wares  and  merchandise, 
furniture  and  fixtures.  In  trust,  however,  for  the  following  purposes 
and  upon  the  following  conditions,  to  wit:  that  whereas,  I,  the  said 

,   am  justly  indebted  unto    ,  of    

County,   Texas,  in   the  sum  of  ......  dollars,   upon   account  due   01 

demand ; 

And  I  am  also  indebted  unto   ,  of   County, 

Texas,  in  the  sum  of dollars,  as  is  evidenced  by  a  promissory 

note  by  me  executed  and  payable  to  the  order  of ,  and  bear- 
ing interest  at  the  rate  of  ....  per  cent  per  annum  from thereof 

until  paid,  and  stipulating  for  ten  per  cent  as  attorney's  fees  if  placed  in. 
the  hands  of  an  attorney  for  collection  or  suit  is  brought  on  same,  dated 

on  the  ....  day  of ,  A.  D.  19 . . ,  due  on  the  ....  day  of , 

A.  D.  19. .,  and  being  for  the  sum  of dollars;  which  said  above 

named  creditors  are  hereby  designated  and  will  hereinafter  be  known 
and  referred  to  as  my  creditors  in  class  "A"; 

I  am  also  indebted  to ,  of , County, 

Texas,  in  the  sum  of dollars,  due  upon  account,  due  on  demand ; 

I  am  also  indebted  to ,  of ,     Count}', 

Texas,  in  the  sum  of dollars,  due  upon  account,  due  on  demand ; 

said  two  last  above  named  creditors  are  hereby  designated  and  will  here- 
inafter be  known  and  referred  to  as  my  creditors  in  class  "B."  And 


TEXAS  CIVIL  FORM  BOOK.  375 

desiring  to  secure  my  several  creditors  above  mentioned,  in  the  payment 
of  their  respective  claims  against  me  as  above  mentioned  in  the  manner 
and  in  the  order  hereinafter  named;  therefore  this  conveyance  is  made 
and  is  intended  as  a  mortgage  to  secure  my  said  creditors  above  men- 
tioned in  the  manner  and  order  hereinafter  expressed.  And  the  said 

is  hereby  by  me  fully  authorized  and  empowered,  and  it  is 

made  his  special  duty  to  immediately  take  possession  of  all  of  said 
property,  wares  and  merchandise,  furniture  and  fixtures,  and  the  same 
retain  until  this  trust  is  executed,  according  to  its  terms  hereof.  And 
the  said shall,  as  soon  as  practicable,  take  a  full  and  com- 
plete inventory  of  all  of  said  property,  goods,  wares  and  merchandise, 
furniture  and  fixtures,  or  so  much  thereof  as  may  be  necessary  for  the 
purpose  of  executing  this  trust ;  and  the  same  may  be  sold  in  bulk  or  in 
parcels,  with  or  without  advertising,  at  public  or  private  sale,  as  to  him 
may  seem  best.  And  so  long  as  any  of  said  property,  goods,  wares  and 
merchandise,  furniture  and  fixtures  may  be  in  his  possession  and  un- 
disposed of  by  him,  he,  the  said ,  or  his  substitute  as  herein 

provided,  shall  provide  a  suitable  and  adequate  place  to  keep  said  prop- 
erty, goods,  wares  and  merchandise,  furniture  and  fixtures,  and  may  rent 

a  house  for  that  purpose  in  the  city  of ,  Texas,  and  pay  therefor 

reasonable  rent,  and  may  employ  sufficient  help  to  take  care  of  and  sell 
said  property,  goods,  wares  and  merchandise,  and  pay  therefor  reason- 
able wages  and  hire,  and  he  shall  also  keep  all  of  said  property,  goods, 
\\aivs  and  merchandise,  furniture  and  fixtures,  well  and  fully  insured 
against  loss  or  damage  by  fire,  in  some  good  and  solvent  fire  insurance 
company  or  companies  for  the  benefit  of  the  creditors  herein  above 
named,  as  their  respective  interest  may  appear;  and  he  may  pay  therefor 
reasonable  rates  and  premiums.  And  all  of  said  rents,  wages,  hire, 
rates  and  premiums  shall  be  held  and  deemed  part  of  the  expenses  of 
executing  this  trust,  and  may  be  paid  by  said ,  or  his  sub- 
stitute as  herein  provided,  out  of  the  proceeds  of  any  sales  of  any  of 
said  property,  goods,  wares  and  merchandise,  furniture  and  fixtures  that 
he  may  make.  And  all  such  sales  of  any  and  all  of  said  personal  prop- 
erty, goods,  wares  and  merchandise,  furniture  and  fixtures,  the  said 

,  or  his  substitute  as  herein  provided,  shall  make,  shall 

be  made  for  cash,  and  may  be  sold  by  him  in  bulk  or  in  parcels,  and 
with  or  without  advertising,  as  he  may  elect.  And  he  shall  proceed  to 
collect  and  reduce  to  money,  as  rapidly  and  as  expeditiously  as  possible, 
all  of  said  property,  goods,  wares  and  merchandise,  furniture  and  fixtures 
herein  mentioned,  and  shall  apply  the  proceeds  of  the  sales  thereof,  as 
rapidly  as  received  by  him,  to  the  discharge  and  credit  upon  said  several 
debts  above  mentioned,  after  paying  the  expenses  of  executing  this  trust, 
in  the  manner  hereinafter  stated.  And  all  sums  of  money  received,  or 
his  successor  or  substitute,  from  the  sales  of  said  property,  goods,  wares 
and  merchandise,  furniture  and  fixtures,  shall  be  by  him,  after  paying 


376  TEXAS  CIVIL  FORM  BOOK. 

the  expenses  of  executing  this  trust,  and  paying  himself,  as  his  compen- 
sation for  executing  this  trust  ....  per  cent  on  the  gross  amount 
of  the  moneys  received  by  him  applied  as  follows: 

1.  Out  of  such  proceeds  he  shall  pay  the  said the  said 

sum  of dollars. 

2.  And  after  said is  paid  said  sum  of dollars,  he 

shall  then  pay  to  the  said the  said  sum  of dollars, 

and  all  interest  and  other  lawful  charges,  according  to  the  terms  herein 
mentioned ;  he  shall  then  apply  the  remainder,  if  any,  of  such  proceeds 
of  such  sales  toward  the  payment  of  and  credit  upon  my  said  indebted- 
ness due  my  said  creditors  in  class  "  B ;"  that  is,  my  said  indebtedness 

due  the  said ,  in  the  sum  of dollars,  and  the  said 

in  the  sum  of dollars,  and  all  interest  thereon, 

applying  such  remainder,  if  any,  toward  the  payment  of  my  said  cred- 
itors in  class  "  B  "  pro  rata  between  my  said  creditors  in  class  "  B,"  and 
without  preference  of  partiality  according  to  the  respective  amounts  I 
am  due  my  said  creditors  in  class  "  B,"  taking  a  receipt  for  each  and  all 
of  said  payments,  and  keeping  a  true  and  accurate  account  thereof.    And 

my  said  trustee, ,  or  his  substitute  as  herein  provided, 

shall  at  all  times  keep  a  true  and  correct  and  faithful  account  of  all 
sales  made  by  him,  and  all  moneys  received  by  him,  which  said  account 
so  kept  by  him  shall  at  all  times  be  open  to  the  inspection  of  myself  and 

all  of  my  said  creditors.    And  the  said ,  trustee  herein,  or 

his  substitute  as  herein  provided,  shall  be  entitled  to  receive  as  com- 
pensation for  executing  this  trust  ....  per  cent  on  the  gross  amount  of 
all  moneys  received  by  him  from  the  sale  of  said  property  aforesaid. 
And  when  the  debts  hereinbefore  mentioned,  and  the  expenses  of  execut- 
ing this  trust,  including  a  commission  as  aforesaid  to  the  said  trustee. 

are  well  and  fully  paid,  the  said ,  or  his  substitute  as 

herein  provided,  shall  return  to  me  all  and  every  the  moneys  and  pro- 
ceeds of  said  sales,  property,  goods,  wares  and  merchandise,  furniture 
and  fixtures,  that  may  be  in  his  possession  or  hands  and  unsold.     And 
fhould  I  at  any  time  pay,  or  cause  to  be  paid,  all  of  the  indebtedness 
herein  above  mentioned,  including  the  expenses  of  executing  this  trust, 
then  this  conveyance  shall  become  null  and  void,  and  of  no  further  force 
or  effect,  and  shall  be  released  at  my  costs ;  arid  in  such  event  all  moneys 

and  proceeds  of  sales  made  by  the  said • .  .  . ,  or  his  substitute 

as  herein  provided,  and  all  the  property,  goods,  wares  and  merchandise, 
furniture  and  fixtures,  in  his  hands  and  undisposed  of,  shall  be  by  the 
said ,  or  his  substitute,  returned  to  me. 

And  the  said ,  or  his  substitute  as  herein  provided,  shall 

on  or  before  the  ....  day  of ,  A.  D.  19 .  . ,  in  all  things  execute 

this  trust  and  make  a  full  and  final  showing  of  all  his  acts  and  doings  in 
the  premises.  And  if  all  said  debts  hereinabove  mentioned  shall  not  have 

been  by  the  ....  day  of ,  A.  D.  19.  .,  and  if  there  should  be  at 

that  time  any  of  said  property,  goods,  warns  and  merchandise,  furniture 


TEXAS  CIVIL   KOK.M   BOOK.  377 

ami  rxtures  undisposed  of,  then  the  said ,  or  his  substitute 

as  lu-rcin  provided,  shall,  after  advertising  the  time,  place  and  terms  of 
such  sale,  for  at  least  ten  days  prior  thereto  in  some  newspaper  pub- 
lished in  ,  County,  Texas,  sell  all  of  said  personal 

property,  goods,  wares  and  merchandise,  furniture  and  fixtures,  at 

public  outcry  in  the  city  of ,  Texas,  to  the  highest  bidder  for 

cash,  selling  the  same  in  parcels,  separately  or  in  bulk,  as  said  trustee 

may  elect.  And  should  the  said ,  from  any  cause  whatever, 

fail  or  refuse  to  act,  or  become  disqualified  from  acting  as  such  trustee, 
then  my  said  creditors  in  class  "A,"  or  my  creditors  in  class  "  B,"  if  my 
creditors  in  class  "A"  have  been  paid,  shall  have  full  power  and  author- 
ity to  appoint  a  substitute  trustee,  with  no  other  formality  than  an 
appointment  in  writing,  who,  when  so  appointed,  shall  have  all  the 
powers,  rights  and  authorities,  and  be  subject  to  all  the  duties  that  are 

vested  in  and  imposed  upon  the  said ;  and  this  conveyance 

shall  vest  in  such  substitute  trustee,  when  so  appointed,  the  right  and 
title  to  all  said  property,  goods,  wares  and  merchandise,  furniture  and 
fixtures,  to  the  same  extent  that  the  same  is  hereby  vested  in  the  said 

And  such  right  to  appoint  shall  exist  whenever,  from 

any  cause,  a  trustee,  original  or  substitute,  cannot  or  will  not  act. 

And  I  hereby  absolutely  and  in  all  things  ratify  all  the  acts  that  the 

said ,  or  his  substitute  as  herein  provided,  may  lawfully 

do  in  the  premises  by  virtue  hereof. 

Witness  my  hand  this  the  ....  day  of ,  A.  D.  19 .. 


The  State  of  Texas,  County  of 

Before  me, ,  a  notary  public  in  and  for County, 

State  of  Texas,  on  this  day  personally  appeared  ,  known 

to  me  to  be  the  person  whose  name  is  subscribed  to  the  above  and  fore- 
going instrument  in  writing,  and  acknowledged  to  me  that  he  executed 
the  same  for  the  purposes  and  considerations  therein  expressed. 

Given  under  my  hand  and  seal  of  office  this  the  ....  day  of , 

A.D.  19.. 

(Seal.)  

Notary  Public  in  and  for County,  Texas. 


378  TEXAS  CIVIL  FORM  BOOK. 

MARRIAGES,  ETC. 

No.  491. 
MARRIAGE  LICENSE. 

The  State  of  Texas,  to  any  Regularly  Licensed  or  Ordained  Minister  of 
the  Gospel,  Jewish  Kabbi,  Judge  of  the  District  or  County  Court,  or 
Justice  of  the  Peace  of County,  Texas : 

You  are  hereby  authorized  to  celebrate  in  the  county  of ,  in 

said  State,  the  rites  of  matrimony  between and 

and  of  this  license,  with  your  action  indorsed  thereon,  make  due  returr 

to  the  office  of  the  county  clerk  of County,  Texas,  within  sixty 

days  after  the  celebration  of  said  marriage  as  aforesaid. 

Witness ,  Clerk  of  the  County  Court  of 

County. 

Given  under  my  hand  and  seal  of  office,  at  office  in ,  this 

day  of ,  A.  D.  19.. 


Clerk  County  Court, County,  Texas. 

R.  S.  Art.  2956  (2840). 

RETURN  THEREON. 

By  authority   of  the  within  license,   I,    ,   a  regularly 

ordained  minister  of  the  gospel  (or  as  the  case  may  be),  celebrated  the 

rites  of  matrimony  between and ,  on  the  .... 

day  of ,  A.  D.  19.  .,  in  the  county  of '..  .,  in  said  State. 


(Signature  of  Minister.) 
R.  S.  Art.  2958   (2842). 

Males  under  sixteen  and  females  under  fourteen  years  of  age  shall  not 
marry. 

R.  S.  Art.  2955   (2839). 

No  clerk  shall  issue  a  license  to  a  male  person  under  twenty-one  years 
of  age,  nor  to  a  female  under  the  age  of  eighteen  without  the  consent  of 
their  parents  or  guardians. 

R.  S.  Art.  2957   (2841). 


TEXAS  CIVIL  FORM  BOOK.  379 

No.  492. 

CONSENT  OF  PARENTS  TO  MARRIAGE. 

The  State  of  Texas,  County  of 

We,  . . . . and of  said  county,  hereby  give  our 

consent  to  the  issuance  of  a  license  for  the  solemnization  of  a  marriage 

between  our  daughter, and This,  the  . . ,  . 

day  of ,  A.  D.  19.. 


Witnesses : 


No.  493. 

AFFIDAVIT  FOR   MARRIAGE  LICENSE. 
The  State  of  Texas,  County  of 

I,   ,  do  solemnly  swear  that  I  ami  twenty-one  years  of 

age,  and  that  Miss is  eighteen  years  of  age,  and  that  there 

are  no  legal  objections  to  our  marriage. 


Subscribed  and  sworn  to  before  me,  this  . . .  day  of ,  A/D.  19. . 


Clerk  County  Court,   County,  Texas. 

By ,  Deputy. 


No.  494. 
MARRIAGE  CEREMONY. 

By  authority  of  a  license  issued  by  the  proper  officer  of  this  State, 

I  am  about  to  celebrate  the  rites  of  matrimony  between 

and If  anyone  can  show  just  cause  why  they  may  not 

lawfully  be  joined  together,  let  them  now  speak,  or  else  hereafter  forever 
hold  his  peace. 

Mr ,  wilt  thou  have  this  woman  to  be  thy  wedded  wife  ? 

Wilt  thou  love  her,  comfort  her,  honor  and  keep  her,  in  sickness  and  in 
health,  and,  forsaking  all  others,  keep  thee  only  unto  her,  so  long  as  you 
both  shall  live? 

Answer. — I  will. 


380  TEXAS  CIVIL  FORM  BOOK. 

Miss ,  wilt  thou  have  this  man  to  be  thy  wedded  hus- 
band? Wilt  thou  love,  honor  and  keep  him,  in  sickness  and  in  health, 
and  forsaking  all  others,  keep  thee  only  unto  him,  so  long  as  you  both 
shall  live? 

Answer. — I  will. 

(The  bridegroom  and  bride  join  right  hands.) 

Forasmuch  as  and have  covenanted  to- 
gether in  holy  wedlock  and  witnessed  the  same  before  God  and  this  com- 
pany, and  thereto  have  pledged  their  faith  to  each  other,  and  have  de- 
clared the  same  by  joining  their  right  hands,  I  pronounce  them  husband 
and  wife.  Whom  God  has  joined  together,  let  no  man  put  asunder. 


No.  495. 
MARRIAGE  CONTRACT. 

The  State  of  Texas,  County  of 

This  agreement,  made  and  entered  into  between  and 

.  . . ,  both  of  the  county  and  State  aforesaid,  and  before 

,  a  notary  public  in  and  for  the  State  and  county  aforesaid, 

and ,  and ,  subscribing  witnesses,  witnesseth : 

That  whereas  the  said is  seized  and  possessed  in  her  own 

right  of  certain  real  and  personal  property  situate  and  being  in  the 
State  of  Texas,  and  may  acquire  other  property  by  gift,  devise  or  de- 
scent; and  whereas  a  marriage  is  intended  to  be  had  and  consummated 

between  the  said and ,  and  the  said  parties 

are  desirous  of  securing  to  the  said the  sole  use  and  bene- 
fit of  her  separate  property :  Now  therefore  the  said doth 

hereby  covenant  and  agree,  if  the  marriage  so  intended  shall  be  had  and 

solemnized,  that  she,  said ,  the  intended  wife  of  him,  the 

said  . ,  shall  have  the  sole  management  and  control  of  her 

separate  estate,  now  owned  by  her  or  hereafter  acquired,  and  that  she 
and  she  alone,  or  such  person  as  she  shall  appoint,  shall  take  and  receive 
the  rents,  issues,  interest  and  profits  thereof  to  her  sole  and  separate  use, 
and  so  as  her  intended  husband  shall  not  in  anywise  intermeddle  there- 
with, and  that  said  rents,  issues,  interest  and  profits  may  be  reinvested 
by  her  in  such  manner  as  she  shall  direct,  and  that  the  same,  with  the 
proceeds,  rents,  issues,  interest  and  profits  thereof,  shall  remain  her 
separate  property,  in  like  manner  subject  to  her  sole  use,  management, 
and  control. 

And  the  said doth  further  covenant  and  agree  that  the 

said ,  his  intended  wife,  may  from  time  to  time,-  as  she 

may  think  proper,  sell,  convey  and  otherwise  dispose  of  her  separate 
property  as  fully  and  to  the  same  extent  as  if  she  were  a  feme  sole,  and 
without  the  necessity  of  him,  the  said ,  uniting  in  the  sale 


TEXAS  CIVIL  FORM  BOOK.  381 

or  other  disposition  of  said  property  so  made  by  her,  or  in  anywise 
giving  his  assent  thereto. 

In  testimony  whereof,  the  said  parties  hereto  set  their  hands  this  the 
.  . .  .day  of ,  A.  D.  19.  .,  in  presence  of  said  notary  and  subscrib- 
ing witnesses. 


Subscribing  witnesses : 


R.  S.  Art.  2963  (2847). 

ACKNOWLEDGMENT  OF   SAID  AGREEMENT. 

The  State  of  Texas,  County  of 

I,   ,  notary  public  in  and  for  said  county  and  State, 

certify  that  the  foregoing  act  was  made  before  me  and.  the  subscribing 

witnesses  therein  named  on  the  ....  day  of ,  A.  D.  19.  .,  by  the 

said and ,  to  me  well  known,  who  signed  their 

names  to  said  instrument  and  acknowledged  the  same  to  be  their  act 
and  deed  for  the  purposes  and  considerations  therein  expressed,  in  my 
presence  and  in  presence  of  said  subscribing  witnesses,  who,  at  the 
request  of  said  parties,  signed  their  names  thereto. 

Given  under  my  hand  and   seal   of  office  this    ....    day  of    ...., 
A.  D.  19.. 
(Seal.)  

R.  S.  Art.  2964  (2848). 

The  minor  capable  of  contracting  matrimony  may  give  his  consent  to 
any  agreement  which  this  contract  is  susceptible  of,  but  such  agreement 
must  be  made  by  the  written  consent  of  both  parents,  if  both  be  living; 
if  not,  by  that  of  the  survivor;  if  both  be  dead,  then  by  the  written  con- 
sent of  the  guardian  of  such  minor.  Said  agreement  shall  not  be  altered 
after  marriage. 

R.  S.  Art.  2965   (2849). 


No.  496. 
CONSENT  OF  PARENTS  TO  CONTRACT. 

The  State  of  Texas,  County  of 

We,    and ,    parents    of ,    a 

minor,    in    consideration    of    a    marriage    to    be    solemnized    between 

and  our  said   daughter,    ,  both  of   said 

county,  hereby  give  our  consent  to  a  marriage  contract,  this  day  being 


382  TEXAS  CIVIL  FORM  BOOK. 

entered   into  between   the   said and    our   said   daughter. 

Witness  our  hands  this  ....  day  of ,  A.  D.  19.  . 


The  consent  of  parents  should  also  be  acknowledged  and  recorded  with 
the  contract,  to  be  valid  as  to  the  subsequent  purchasers  or  creditors  of 
the  husband. 

R.  S.  Arts.  2966   (2850),  4643   (4335). 


No.  497. 

ARTICLES  OF  SEPARATION  BETWEEN  HUSBAND  AND  WIFE. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  this  instrument  or  contract  in 

writing,   made   this  the day   of ,   A.    D.    19.  .9   between 

of  the  first  part,   ,  his  wife,  of  the  second 

part,  and ,  trustee  of  the  said (name  of  wife 

here),  of  the  third  part,  witnesseth:  Whereas  divers  disputes  and  un- 
happy differences  have  arisen  between  the  said  party  of  the  first  part  and 
his  said  wife,  for  which  reason  they  have  consented  and  agreed  to  live 
separate  and  apart  from  each  other  during  their  natural  lives ;  therefore 
the  said  party  of  the  first  part,  in  consideration  of  the  premises  and  in 
pursuance  thereof,  doth  hereby  covenant,  promise  and  agree  to  and  with 
the  said  trustee,  party  of  the  third  part,  and  also  to  and  with  his  said 
wife,  that  it  shall  and  may  be  lawful  for  her,  the  said  wife,  at  all  times 
hereafter,  to  live  separate  and  apart  from  him,  and  that  he  shall  and 
will  allow  and  permit  her  to  be  and  reside  in  such  place  and  places,  and 
in  such  family  .and  families,  and  with  such  relations,  friends  and  other 
persons,  and  to  follow  and  to  carry  on  such  trade  and  business  as  she 
may  from  time  to  time  choose  or  think  fit  to  do,  and  that  he  shall  not 
nor  will  not,  at  any  time,  sue  or  suffer  her  to  be  sued  for  living  separate 
and  apart  from  him,  or  compel  her  at  any  time  hereafter  to  live  with 
him,  or  molest,  disturb  or  trouble  any  other  person  whomsoever  for  re- 
ceiving, entertaining  or  harboring  her;  and  that  he  will  not,-  without 
her  consent,  visit  her  or  knowingly  enter  any  house  or  place  where  she 
shall  l)e,  dwell  or  reside,  or  send  or  cause  to  be  sent  any  letter  or  mes- 
sage to  her,  nor  shall  or  will  at  any  time  hereafter  claim  or  demand  any 
of  her  property,  real  or  personal,  money,  jewels,  plate,  clothing,  house- 
hold goods,  furniture  or  stock  in  trade  which  she  now  hath  in  her  power, 
custody  or  possession,  or  which  shall  be  devised,  bequeathed  or  given  to 
her,  or  which  she  may  at  any  time  hereafter  by  her  own  exertions  or  with 
her  own  money  acquire,  and  that  she  shall  and  may  enjoy  and  absolutely 


TEXAS  CIVIL  FORM  BOOK.  383 

dispose  of  the  same,  as  if  she  were  a  feme  sole  and  unmarried;  and 
further,  that  the  said  party  of  the  first  part  shall  and  will  well  and  truly 
pay  or  cause  to  be  paid  unto  her,  his  said  wife,  for  and  toward  her  better 

support  and  maintenance,  the  yearly  sum  of dollars,  free  and 

clear  of  all  charges  and   deductions  whatsoever,  for  and  during  her 

natural  life,  at  or  upon  the  first  days  of , and ,  in 

each  and  every  year  during  her  said  natural  life,  which  the  said  trustee 
doth  hereby  agree  to  take,  in  full  satisfaction  for  her  support  and  main- 
tenance, and  all  alimony  whatever;  and  the  said  trustee,  in  considera- 
tion of  the  sum  of  one  dollar  to  him  duly  paid,  doth  covenant  and  agree, 
to  and  with  the  said  party  of  the  first  part,  to  indemnify  and  bear  him 
harmless  of  and  from  all  debts  of  his  said  wife  contracted  or  that  may 
hereafter  be  contracted  by  her  or  off  her  account,  and  if  the  said  party 
of  the  first  part  shall  be  compelled  to  pay  any  such  debt  or  debts,  the 
said  trustee  hereby  agrees  to  repay  the  same  upon  demand  to  the  said 
party  of  the  first  part,  with  all  damage  and  loss  that  he  may  thereby 
sustain. 
In  testimony  whereof  witness  our  hands. 


[Acknowledgment  same  as  given  in  deeds.] 


No.  498. 

BOND  TO  SUFFER  A  WIFE  TO  LIVE  APART  FROM  HER  HUSBAND. 
The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  I, of 

county  of ,  State  of  Texas,  am  held  and  firmly  bound  unto 

,  of  said  place,  county  and  State,  to  the  use  of  and  in  trust 

for ,  my  wife,  in  the  sum  of dollars,  lawful  money 

of  the  United  States,  to  be  paid  to  the  said ,  or  his  certain 

attorney,  executors,  administrators  or  assigns,  to  and  for  the  use  and 
benefit  of  my  said  wife;  to  which  payment,  well  and  truly  to  be  made, 
I  do  bind  myself,  my  heirs,  executors  and  administrators,  each  and  every 
one  of  them,  firmly  by  these  presents. 

Signed  with  my  hand  and  dated  this  ....  day  of ,  A.  D.  19 .  . 

The  condition  of  this  obligation  is  such,  that  whereas  the  said 

,  wife  of  the  said ,  is  now  living,  and  hath  for  sev- 
eral years  last  past  lived,  separate  and  apart  from  the  said , 

her  husband,  and  hath  during  such  time  maintained  and  provided  for 

herself  and ,  the  daughter  of  the  said ,  with- 

•  out  any  expense  to  him,  the  said :  and  whereas  it  is  agreed 


384  TEXAS  CIVIL  FORM  BOOK. 

between  the  said and  the  said ,  his  wife,  that 

the  said ,  wife  of  the  said ,  shall  and  may 

at  all  times  hereafter  live  separate  and  apart  from  the  said , 

and  also  that  the  said shall  and  may  have,  hold  and  en- 

joy,  to  her  sole  and  separate  use,  all  such  property,  real  and  personal, 
moneys,  goods  and  effects,  as  she,  the  said  ."...,  is  now  pos- 
sessed of,  or  which  she  shall  or  may,  at  any  time  or  times  hereafter,  get 
or  acquire,  or  which  shall  be  given  or  bequeathed  to  her  by  any  person 
or  persons  whatsoever,  Avithout  any  hindrance,  molestation  or  interruption 

of  or  by  him,  the  said ;  and  whereas  the  said 

hath  also  agreed  to  behave  himself 'peaceably  and  quietly  toward  the  said 

,  his  wife,  and  the  said ,  his  daughter,  and 

not  to  molest,  assault  or  mistreat,  t>r  do  any  bodily  hurt  or  injury  to 

them  or  either  of  them :    Now  therefore  if  the  above  bounden   

shall  and  do  from  time  to  time,  and  at  all  times  hereafter,  during  the 

term  of  his  natural  life,  permit  and  suffer  the  said  ,  his 

wife,  and  the  said ,  his  daughter  (in  case  they  or  either  of 

them  shall  chance  so  long  to  live),  to  live  separate  and  apart  from  the 

said ,  without  any  molestation,  disturbance  or  interruption 

of  or  b}r  him,  the  said ,  and  also  if  the  said , 

his  executors  and  administrators,  shall  and  do  at  all  times  hereafter  per- 
mit and  suffer  the  said ,  his  wife,  to  have,  hold  and  enjoy, 

to  her  sole  and  separate  use,  all  and  every  the  property,  real  and  personal, 

moneys,  goods,  chattels  and  effects,  which  the  said shall  or 

may  at  any  time  or  times  hereafter  get  or  acquire,  or  which  shall  or  may 

be  given  or  bequeathed  to  the  said by  any  person  or  persons 

whatsoever,  without  any  hindrance,  molestation  or  interruption  of  or  by 

him.  the  said ,  and  also  if  the  said shall  and 

do  from  time  to  time,  and  at  all  times  hereafter,  demean  and  behave 

himself  peaceably  and  quietly  toward  the  said   ,  his  wife, 

and  the  said ,  his  daughter,  and  each  of  them,  and  shall 

not,  nor  in  any  manner  whatsoever,  molest,  assault,  disturb  or  do  any 

bodily  hurt  or  injur}r  to  the  said   ,  his  wife,  and  the  said 

his  daughter,  or  either  of  them,  then  this  obligation  to  be 

void;  but  if  default  be  made  in  performance  of  all  or  any  of  the  above 
specified  conditions,  then  this  obligation  to  remain  in  full  force  and 
effect. 
In  testimony  whereof  witness  my  hand. 


TEXAS  CIVIL  FORM  BOOK.  385 

MECHANIC'S  AND  OTHER  LIENS. 

R.  S.  Arts.  3294-3315. 

No.  499. 

FORM  OF  FIXING  LIEN  ON  UNWRITTEN  CONTRACT. 
The  State  of  Texas,  County  of 

,  affiant,  makes  an  oath  and  says,  that  the  annexed  is  a 

true  and  correct  account  of  the  labor  performed  (or  material  furnished) 

for ,  of County,  Texas,  and  that  the  prices  thereof 

as  set  forth  in  said  account  hereto  annexed  are  just  and  reasonable,  and 
the  same  is  unpaid;  that  said  labor  was  performed  (or  material  fur- 
nished, or  both)  for  said at  the  time  in  said  account  men- 
tioned under  and  by  virtue  of  a  contract  between  affiant  and , 

and  that  due  notice  was  given  by  affiant  of  the  labor  performed  (or  ma- 
terial furnished),  in  accordance  with  article  3296  of  the  Revised  Stat- 
utes of  this  State ;  and  affiant  further  makes  oath  and  says  that  he  is  in- 
formed and  believes  that was,  at  the  time  said  contract  was 

made  and  entered  into  and  said  labor  was  performed  (or  material  fur- 
nished), the  owner  of  the  house  (or  improvements)  described  as  fol- 
lows:    (here  describe  the  house  or  improvements).  And  that 

said  house  (or  improvements)  is  situated  upon  a  certain  lot  or  tract  of 

land  which  affiant  is  informed  is  owned  by  said    ,  and 

which  is  described  as  follows : (here  describe  the  lot  or  tract 

of  land).  And  this  affiant  claims  a  lien  upon  said  house '(or  improve- 
ments) upon  said  land. 


Sworn  to  and  subscribed  before  me,  under  my  official  hand  and  seal, 

this day  of ,  A.  D.  19... 

(Seal.)  

R.  S.  Art.  3297. 

If  there  be  no  written  contract,  it  is  the  duty  of  the  person  seeking  to 
obtain  a  lien  to  deliver  to  the  clerk  of  the  county  court  a  sworn  account, 
to  be  filed  and  recorded  as  provided  for  in  such  cases.  When  the  labor 
is  performed  for  or  the  material  is  furnished  to  the  owner,  the  above 
form  will  be  deemed  sufficient  to  fix  the  lien. 

Original  contractor  should  file  his  contract  in  the  office  of  the  county 
clerk  within  four  mouths  after  the  indebtedness  shall  have  accrued. 

R.  S.  Art.  3295. 

Form  Book  —  25. 


386  TEXAS  CIVIL  FORM  BOOK. 

No.  500. 

FORM  OF  LIEN  WHEN  MATERIAL  IS  FURNISHED  TO  BUILDER,  ETC. 
The  State  of  Texas,  County  of 

,  affiant,  makes  oath  and  says  that  the  annexed  is  a 

true  and  correct  account  of  the  labor  performed  for  (or  material  fur- 
nished to)  ,  a  contractor  (or  builder),  by  affiant  (or 

other  person),  and  the  prices  thereof  as  set  forth  in  the  annexed 
account  are  just  and  reasonable,  and  the  same  is  unpaid  (or  the 
sum  of dollars,  as  shown  by  said  account,  is  unpaid),  after  al- 
lowing all  just  and  lawful  offsets,  payments  and  credits  known  to 
affiant;  that  said  labor  was  performed  (or  material  furnished,  or  both) 

for  or  to  said ,  to  be  used  in  the  erection  of  a  house  (or 

building,  or  improvement,  or  in  repairing  of  a  house,  building  or  im- 
provement) owned,  as  affiant  is  informed  and  believes,  by , 

of County,  State  of  Texas,  and  that  said  labor  was  performed 

(or  material  furnished,  or  both)  to  or  for  said   ,  under 

and  by  virtue  of  a  contract  between  affiant  (or  other  party)   and  said 

(And  in  case  of  material  furnished,  affiant  shall  further 

swear  that  he  has  given  to  the  owner,  his  agent  or  representative, 
notice  in  writing  of  each  item  of  said  account  as  required  in  article 
3296  of  the  Eevised  Statutes  of  this  State,  as  the  same  was  furnished 

to  said )     And  said  house  (or  improvements)  is  situated 

upon  the  following  described  tract  or  lot  of  land (here-  describe 

the  property).  And  this  affiant  claims  a  lien  upon  said  house  (or  im- 
provements) and  upon  said  land. 


Sworn  to  and  subscribed  before  me,  under  my  official  hand  and  seal, 

this day  of ,  A.  D.  19,  . 

(Seal.)  

R.  S.  Art.  3298. 

If  the  labor  is  performed  for  or  the  material  is  furnished  to  a  contrac- 
tor, builder,  agent  or  receiver,  and  not  the  owner  of  the  property,  the 
above  form  will  be  deemed  sufficient  to  fix  the  lien.  Should  be  attached 
to  an  itemized  account  of  the  labor  performed  or  material  furnished. 
Every  journeyman,  day  laborer  or  other  person  (meaning  every  person 
except  the  original  contractor)  should  file  his  contract  in  the.  county 
clerk's  office  within  thirty  days  after  the  indebtedness  shall  have  accrued. 
If  said  parties  have  no  written  contract,  it  shall  be  sufficient  for  them 
to  file  an  itemized  account  of  their  claim,  supported  by  affidavit,  show- 
ing that  the  account  is  just  and  correct,  and  that  all  just  and  lawful 
offsets,  payments  and  credits  known  to  the  affiant  have  been  allowed. 

R.  S.  Art.  3295. 

Any  person,  firm  or  corporation  who  may  furnish  material  to  any  con- 
tractor, subcontractor,  agent  or  receiver,  by  giving  written  notice  to 


TEXAS  CIVIL  FORM  BOOK.  387 

the  owner,  etc.,  of  each  aud  every  item  furnished,  showing  how  much  is 
due  and  unpaid,  may  fix  and  secure  his  lien  at  any  time  within  ninety 
days  after  accrual  of  the  indebtedness. 
R.  S.  Art.  3296. 


No.  501. 

CONTRACT  FOR  BUILDING  ON  HOMESTEAD. 
The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  we, ,  party  of  the 

first  part,  and    and  wife,   ,  parties  of  the 

second  part,  all  of County,  Texas,  have  this  day  made  and 

entered  into  the  following  agreement  and  contract,  to  wit:  Whereas, 
the  said  parties  of  the  second  part  are  desirous  of  erecting  a  five-room 
frame  shingle  roof  dwelling-house  on  the  property  belonging  to  and 

claimed  by  them  as  their  homestead,  situated  in  the  city  of , 

in County,  Texas,  and  more  particularly  described  as  follows : 

(here  describe  the  property) :    Now  therefore  in  consideration 

of  the  fact  that  the  said  party  of  the  first  part  has  covenanted  and 
agreed  with  the  said  parties  of  the  second  part,  and  by  these  presents 
does  agree  with  the  said  parties  of  the  second  part,  that  he  will  make, 
erect,  build  and  finish  in  a  good,  substantial  and  workmanlike  manner, 
by  the  ....  day  of ,  A.  D.  19.  .,  the  said  dwelling  and  improve- 
ments on  the  said  above  described  property,  performing  or  causing  to  be 
performed  all  of  the  labor  in  the  erection  of  the  same,  and  furnishing 
all  of  the  material  of  whatsoever  kind  necessary  to  be  used  in  the  erec- 
tion of  the  same,  and  paying  all  expenses  incident  to  the  said  labor  and 
furnishing  of  material,  the  said  dwelling-house  and  improvements  to  be 
built  of  good  substantial  material  and  to  be  erected  strictly  according  to 
the  plans  and  specifications  hereto  attached,  marked  Exhibit  "  A,"  and 
made  a  part  hereof.  And  the  said  parties  of  the  second  part  agree,  bind 
and  obligate  themselves  to  pay  to  the  said  party  of  the  first  part  at 

,  Texas,  the  sum  of dollars,  as  follows:     dollars 

when  said  building  is  inclosed,  and dollars  due  and  payable  at  the 

end  of  each  week  as  the  erection  of  said  house  and  improvements  pro- 
gresses, and  the  remaining dollars  to  be  paid  on  the  completion 

of  same  according  to  the  said  plans  and  specifications  before  mentioned. 
(If  notes  are  given,  then  use  the  following  clause,  instead:  "And  the 

remaining dollars,  evidenced  by  two  promissory  notes  of  even 

date   herewith   for  the  sum   of dollars  each,   executed  by  said 

parties  of  the  second  part,  jointly  and  severally,  payable  to  the  order  of 

,  party  of  the  first  part,  at ,  Texas,  bearing  eight 

per  cent  interest  per  annum  from  the  completion  and  acceptance  of  said 
building,  until  paid,  due  on  the  ....  day  of ,  A.  D.  19.  .,  and 


388  TEXAS  CIVIL  FORM  BOOK. 

19.  .,  each  respectively,  interest  due  and  payable  annually,  providing  for 
ten  per  cent  additional  thereon  on  amount  of  principal  and  interest  then 
due  as  attorney's  fees  if  placed  in  the  hands  of  an  attorney  for  collection, 
or  in  case  suit  is  brought  on  same ;  and  providing  failure  to  pay  either  of 
said  notes  or  any  installment  of  interest,  when  due,  shall  at  the  option 
of  the  holder  of  said  notes,  or  either  of  them,  mature  each  and  all  of  said 
notes.")  Or  in  case  of  installment  note,  the  following  clause  can  be 
used :  "  The  said  parties  of  the  second  part  agree,  bind  and  obligate 

themselves  to  pay  to  the  said  party  of  the  first  part,  at ,  Texas, 

the  sum  of dollars,  in  ....  equal  monthly  installments  of 

dollars  each,  due  as  follows :  the  first  installment  of dollars,  is 

due  and  payable  on  the  ....  day  of ,  A.  D.  19 . .,  and  the  remain- 
ing   installments  are  due  and  payable  on  the  ....  day  of  each 

consecutive  month  thereafter  until  paid,  interest  due  and  payable  an- 
nually (or  monthly,  as  the  case  may  be),  bearing  ten  per  cent  interest  per 

annum  from ,  until  paid,  providing  for  ten  per  cent  additional 

thereon  on  amount  of  principal  and  interest  then  due  as  attorney's  fees, 
if  placed  in  the  hands  of  an  attorney  for  collection  or  if  suit  is  brought 
on  same,  and  also  providing  failure  to  pay  either  of  said  monthly  pay- 
ments or  any  installment  of  interest  when  due,  shall  at  the  option  of 
the  holder  of  said  note  mature  each  and  all  of  said  monthly  payments.") 

It  is  hereby  expressly  agreed  and  understood  that  to  secure  the  pay- 
ment of  said  two  promissory  notes  for  the  sum  of dollars  each,  as 

well  as  said  sums  of dollars  mentioned,  the  said  party  of  the  first 

part  retains,  and  shall  have  a  valid  existing  mechanic's,  materialman's, 
laborer's  and  contractor's  liens,  equities,  securities  and  interest  in  and  to 
the  above  described  real  estate,  dwelling-house  to  be  erected  thereon,  and 
the  improvements  now  upon  and  to  be  placed  upon  said  land,  and  it  is 
agreed  and  understood  that  said  two  promissory  notes  may  be  assigned, 
and  said  assignee  or  purchaser  shall  have  and  be  subrogated  to  all  of 
the  rights  and  equities  of  the  said  party  of  the  first  part,  to  have  and 
to  hold  the  same,  together  with  all  the  rights  and  appurtenances  to  the 
same  belonging  or  in  anywise  incident  or  appertaining. 

It  is  also  further  agreed  and  stipulated,  that  the  parties  of  the  second 
part  shall  and  will,  at  their  own  proper  cost  and  expense,  keep  the  prop- 
erty and  premises  herein  described,  and  upon  which  a  lien  is  hereby 
created  in  good  repair  and  condition,  and  pay  and  discharge,  as  they 
are  or  may  become  payable,  all  and  every,  all  taxes  due  and  to  become 
due  thereon,  and  shall  keep  said  property  fully  insured  in  some  good  and 
responsible  fire  insurance  company  approved  by  the  party  of  the  first 
part  or  his  assignee  or  holder  of  said  notes,  to  whom  the  loss,  if  any, 
shall  be  payable,  and  by  whom  said  policy  or  policies  shall  be  kept. 
And  in  case  of  default  made  by  the  said  parties  of  the  second  part  in 
the  performance  of  any  of  the  foregoing  stipulations,  the  same  may  be 
performed  by  the  said  party  of  the  first  part,  his  assignee  or  holder  of 
said  notes  for  account  and  at  the  expense  of  the  said  parties  of  the 


TEXAS  CIVIL  FO«M  BOOK.  389 

second  part  and  any  and  all  expenses  incurred  and  paid  in  so  doing  shall 
be  payable  by  said  parties  of  the  second  part  to  the  said  payor  thereof, 
with  interest  at  the  rate  of  ten  per  cent  from  the  date  when  the  same 
was  incurred  or  paid,  and  shall  stand  secured  and  payable  by  and  under 
this  contract  in  like  manner  with  the  other  indebtedness  herein  men- 
tioned. 

In  testimony  whereof  we  have  hereunto  signed  our  names,  this  the 
day  of..' ,  A.  D.  19.. 


[Acknowledgment  same  as  given  in  deeds.] 

When  material  is  furnished,  labor  performed  or  repairs  made  upon  a 
homestead,  if  the  owner  thereof  is  a  married  man,  then  to  fix  and  secure 
the  lien  upon  the  same,  it  shall  be  necessary  for  the  person  or  persons 
who  furnished  the  material  or  performed  the  labor,  before  such  material 
is  furnished  or  labor  is  performed,  to  make  and  enter  into  a  contract  in 
writing,  setting  forth  the  terms  thereof,  which  shall  be  signed  by  the 
owner  and  his  wife,  and  privily  acknowledged  by  her,  as  is  required  in 
making  sales  of  the  homestead.  And  such  contract  shall  be  recorded  in 
the  office  of  the  county  clerk  in  the  county  where  such  homestead  is 
situated,  in  a  well  bound  book  to  be  kept  for  that  purpose;  provided, 
when  such  contract  has  been  made  and  entered  into  by  the  husband  and 
wife  and  the  contractor  or  builder,  and  the  same  has  been  recorded,  as 
heretofore  provided,  then  the  same  shall  inure  to  the  benefit  of  any  and 
all  persons  who  shall  furnish  material  or  labor  thereon  for  such  contract 
(contractor)  or  builder. 

R.  S.  Art.  3304. 


No.  502. 
MECHANIC'S  LIEN   NOTE. 

,  Texas, ,  A.  D.  19. 


On  the  ....  day  of ,  A.  D.  19.  .,  we  promise  to  pay  to  the  order 

of the  sum  of dollars,  for  value  received,  with  in- 
terest at  the  rate  of  ....  per  cent  per  annum  from hereof  until 

paid.  (If  installment  note,  instead  of  above,  say  "  On  and  before  the 
....  day  of ,  A.  D.  19.  .,  (due  date  of  last  installment)  we  prom- 
ise to  pay  to  the  order  of the  sum  of dollars,  for 

value  received,  with  interest  at  the  rate  of  ....  per  cent  per  annum  from 

the  .  .  .  day  of A.  D.  19.  .,  until  paid.  Said  note  clue  and  payable 

in  ....  equal  monthly  installments  of dollars  each ;  the  first  in- 
stallment of dollars  is  due  and  payable  on  the  ....  day  of , 


390  TEXAS  CIVIL  FORM  BOOK. 

A.  D.  19.  .,  and  the  remaining  ....  monthly  installments  are  due  and 
payable,  each  respectively,  on  the  . ... .  day  of  each  consecutive  month 
thereafter  until  paid).  Interest  hereon  due  and  payable  annually  (or 
monthly),  and  defaulting  interest  to  draw  the  same  rate  as  principal. 

Both  principal  and  interest  payable  at ,  Texas.    Failure  to  pay 

this  note  (or  any  of  said  monthly  installments,  as  the  case  may  be),  or 
any  installment  of  interest  thereon  when  due,  shall,  at  the  option  of  the 
holder,  mature  this  note  (or  each  and  all  of  said  monthly  installments 
herein,  as  the  case  may  be)  and  all  other  notes  given  this  day  by 

and   wife to    said -....,   and    the 

holder  hereof  may  in  such  event  proceed  to  collect  the  same  in  the  same 
manner  as  if  the  full  time  provided  in  said  notes  (or  note)  had  expired." 
It  is  hereby  expressly  agreed  and  understood,  that  this  note  is  given 
in  part  payment  for  labor  and  material  to  be  furnished  and  improve- 
ments to  be  made  upon  the  following  described  property  situated  in  the 
city  of ,  in County,  Texas,  to  wi< (here  de- 
scribe the  property),  under  contract  of  even  date  herewith,  between 

,  as  party  of  the  first  part,  and and  wife 

,  as  parties  of  the   second  part,   and   for  the  payment 

hereof,  together  with  all  interest  hereon,  according  to  the  tenor  hereof, 
a  mechanic's,  materialman's,  laborer's  and  contractor's  lien  is  retained 
in  said  written  contract  and  is  hereby  acknowledged.  In  case  this  note 
is  placed  in  the  hands  of  an  attorney  for  collection,  or  suit  is  brought  on 
same,  we  promise  to  pay  ten  per  cent  additional  on  the  amount  of  prin- 
cipal and  interest  then  due  as  attorney's  fees. 


No.  . 


No.  503. 


CONTRACT  TO  BUILD  A  HOUSE. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  we, ,  party  of  the 

first  part,  and  and  wife  ; ,  parties  of  the 

second  part,  all  of County,  Texas,  have  this  day  made  and  en- 
tered into  the  following  agreement  and  contract,  to  wit:  Party  of  the 
first  part,  for  the  consideration  hereinafter  mentioned,  doth  for  himself, 
his  executors  and  administrators,  covenant,  promise  and  agree  with  the 
parties  of  the  second  part  that  he  will,  within  the  space  of  ....  months 
from  the  date  hereof,  in  a  good  and  workmanlike  manner  and  according 
to  the  best  of  his  art  and  skill,  well  and  substantially  erect,  build  and 
finish  a  one-story  frame  shingle  roof  house  on  the  following  described 

lot  or  tract  of  land  situated  in  the  city  of ,  in County, 

Texas,  to  wit (here  describe  the  property),  in  such  place  as  the 

said  parties  of  the  second  part  shall  direct,  and  compose  the  same  with 


TEXAS  CIVIL  FORM  BOOK.  391 

such  stone,  brick,  timber  and  other  material  as  the  said  parties  of  the 
second  part  or  their  assigns  shall  find  and  provide  for  the  same,  accord- 
ing to  the  plans  and  specifications,  bearing  even  date  herewith  and 
signed  by  the  parties  hereto,  and  made  a  part  of  this  contract. 

In  consideration  whereof  the  said  parties  of  the  second  part,  for  them- 
selves, their  executors  and  administrators,  agree,  bind  and  obligate 
themselves  to  pay  to  the  said  party  of  the  first  part,  their  executors,  ad- 
ministrators and  assigns,  the  sum  of dollars,  in  the  manner  fol- 
lowing, viz:  (here  set  out  fully  how  said  payments  are  to  be 

made).  And  the  said  parties  of  the  second  part  (or  party  of  the  first 
part,  as  the  case  may  be)  agree,  at  their  own  proper  expense,  and  as  the 
same  shall  be  needed,  to  find,  provide  and  deliver  on  said  premises  all  the 
stone,  brick,  timber  and  other  materials  for  the  making  and  building  of 
said  house. 

And  it  is  further  agreed  between  the  parties  hereto,  that  the  said 

,  party  of  the  first  part,  shall  have  a  valid  existing 

mechanic's  and  materialman's  lien  on  the  above  descril>ed  lot  or  tract 
of  land,  the  house  and  improvements  now  on  and  to  be  placed  on  said 
property,  to  secure  the  payment  of  said  sum  (or  several  sums)  of 

money  due  the  said in  accordance  with  the  terms  of  this 

contract. 

Witness  our  hands  this  .      .  dav  of ,  A.  D.  19 .. 


[Acknowledgment  same  as  given  in  deeds.] 


No.  504. 
CONTRACT  FOR  MAKING  ADDITION  TO  A  HOUSE. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  we, ,  party  of  the 

first  part,  and and  wife  • ,  all  of 

County,  Texas,  have  this  day  made  and  entered  into  the  following  agree- 
ment and  contract,  to  wit:  Party  of  the  first  part,  for  the  consideration 
hereinafter  mentioned,  doth  for  himself,  his  executors  and  administra- 
tors, covenant,  promise  and  agree  with  the  said  parties  of  the  second 
part,  that  he  will,  within  the  space  of  one  month  from  the  date  hereof, 
in  a  good  and  workmanlike  manner,  and  according  to  the  best  of  his  art 
and  skill,  substantially  erect,  build,  set  up  and  finish  one  house  on  the 
premises  of  the  said  parties  of  the  second  part,  situated  in  the  city  of 

,  in County,  Texas,  described  as  follows,  to  wit : 

(here  describe  the  land),  of  the  following  dimensions,  to  wit. :  The  house 
to  consist  of  two  rooms,  each  15  feet  square,  and  a  hall  6  feet  wide;  all 
to  be  10  feet  high  in  the  clear.  A  gallery  in  front,  8  feet  wide,  running 


392  TEXAS  CIVIL  FORM  BOOK. 

the  whole  length  of  the  house,  with  flat  roof,  covered  with  tin,  with  six 
columns  in  front  of  suitable  proportions.  A  gallery  in  the  rear,  8  feet 
wide  and  the  length  of  the  south  room,  with  flat  roof,  covered  with  tin 
and  supported  by  three  columns  of  suitable  proportions.  The  building 
herein  stipulated  to  be  erected  to  be  connected  in  a  suitable  and  substan- 
tial manner  with  the  building  now  on  said  premises,  and  in  such  a  way 
that  there  shall  be  no  leakage;  the  old  building  to  form  an  L  with  the 
new  building.  The  sills  to  be  bedded  on  brick  pillars,  of  sufficient 
number,  height  and  size.  The  sills  to  be  6x8  inches;  sleepers,  2x12; 
joists,  2x7;  corner  posts,  6x6;  plates,  3x6;  studs,  1^x6;  rafters,  I1/4x6; 
floors  to  be  bridged  and  flooring  to  be  of  good,  clear  plank,  dressed, 
tongued  and  grooved,  and  blind  nailed;  weather  boarding  of  clear  % 
plank,  dressed  and  jointed;  galleries  to  be  ceiled  over  head  with  batten 
ceiling  and  plain  ceiling  on  side ;  main  roof  to  be  covered  with  1x4  laths 
and  best  quality  of  cypress  sawed  shingles.  A  brick  chimney  (or  flues, 
as  the  case  may  be)  to  each  room,  with  a  neat  mantel,  and  baseboard 
moulded  on  top.  Each  room  to  have  ....  windows,  with  box  window 
frames ;  all  the  windows  to  be  double  hung  with  good  cords,  weights  and 
pulleys;  the  two  front  windows  in  each  room  to  reach  near  the  floor, 
with  blind  heads.  Two  doors,  to  each  room;  frame  3x7  feet;  doors  to 
be  hung  with  wrought  iron  butts  and  with  locks.  The  rooms  to  be 
lathed  and  plastered  on  the  sides  and  overhead  and  finished  with  hard 
finish.  The  hall  to  have  two  doors,  the  front  door  with  side  and  transom 
lights;  to  be  ceiled  on  the  sides  and  overhead  in  panel;  the  front  door 
and  all  the  windows  to  be  "furnished  with  suitable  blinds.  Steps  of  suit- 
able width  from  both  galleries  to  the  ground.  All  the  lumber  used  to 
be  of  the  best  quality  of  ....  pine,  and  all  of  the  other  materials  used 
to  be  of  the  best  quality.  All  of  the  brick,  lumber  and  other  materials 
used  in  the  construction  of  said  ^building  to  be  furnished  by  the  said 
party  of  the  first  part  at  his  own  cost  and  charges.  In  consideration  of 
the  premises,  said  parties  of  the  second  part  agree,  bind  and  obligate 

themselves  to  pay  said  party  of  the  first  part  the  sum  of dollars, 

in  full  payment  for  the  work,  labor  and  material  used  and  expended  in 
the  construction  and  completion  of  said  building,  payment  to  be  made 
as  follows :  On  the  purchase  of  the  lumber  and  other  material  used  in 
the  construction  of  said  building,  said  parties  of  the  second  part  agree 

to  pay  the  actual  cost  of  the  same  at ,  Texas,  with  the  freight 

to  the  city  of ,  Texas ;  and  on  the  completion  of  the  brick  work, 

they  agree  to  pay  the  actual  cost  of  the  same;  after  deducting  the  pay- 
ments so  made  from  the  contract  price,  one-half  of  the  sum  remaining 
due  is  to  be  paid  when  the  weather  boarding  and  roofing  is  completed, 
and  the  balance  of  the  contract  price  on  completion  of  the  building. 
Witness  our  hands  this  ....  day  of ,  A.  D.  19.  . 


[Acknowledgment  same  as  given  in  deeds.] 


TEXAS  CIVIL  FORM  BOOK.  393 

If  it  is  intended  to  reserve  the  mechanic's  lien,  insert  the  following 
clause:    (And  it  is  further  agreed  between  the  parties  hereto,  that  the 

said  ,  party  of  the  first  part,  shall  have  a  valid  existing 

mechanic's  and  materialman's  lien  on  the  above  described  lot  or  tract 
of  land,  the  house  and  improvements  now  on  and  to  be  placed  on  said 
property  to  secure  the  payment  of  said  several  sums  of  money  due  the 
said in  accordance  with  the  terms  of  this  contract.) 


No.  505. 
NOTICE  TO  THE  OWNER  OF  THE  BUILDING. 

The  State  of  Texas,   County  of To ,  of  said 

County : 

You  are  hereby  notified  that is  indebted  to  me  in  the 

sum  of dollars  for  work  and  labor  performed  (or  material  fur- 
nished, as  the  case  may  be)  on  the  building  now  being  erected  by  him 

for  you  in  the  city  of ,  in  said  county  and  State,  and  that  I 

shall  hold  you  responsible  to  me  for  the  payment  thereof  until  the  same 
be  settled;  a  full  and  correct  account  whereof,  properly  attested,  I  shall 
file  for  record  after  the  expiration  of  ten  days  from  the  date  hereof. 

Witness  my  hand  this  ....  day  of ,  A.  D.  19.  . 


Every  person,  except  the  original  contractor  or  builder  or  those  fur- 
nishing material  to  the  contractor,  subcontractor,  etc.,  under  article 
3296,  who  may  wish  to  avail  himself  of  the  benefits  of  this  law,  shall 
give  at  least  ten  days'  notice  in  writing  before  the  filing  of  the  lien,  to 
the  owner  or  owners,  or  agent,  or  either  of  them,  that  he  holds  a  claim 
against  such  house,  building  or  improvement,  setting  forth  the  amount, 
and  from  whom  the  same  is  due;  and  thereafter  said  owner  or  owners, 
or  agent,  shall  be  authorized  to  retain  in  his  hands  the  amount  claimed 
until  the  same  is  settled  or  determined  not  to  be  owing. 

R.  S.  Art.  3305. 

The  ten  days'  notice  before  filing  the  lien  in  the  office  of  the  county 
clerk  is  not  required  of  the  original  contractor,  or  the  person,  firm  or 
corporation  furnishing  material  to  the  contractor,  subcontractor,  agent 
or  receiver. 

The  notice  of  the  materialmen  under  article  3296  should  show  each 
and  every  item  furnished,  how  much  is  due  and  unpaid  on  each  bill  of 
lumber  or  material  furnished  under  said  contract. 

Whenever  any  such  account  shall  be  placed  in  the  hands  of  such  owner 
or  his  authorized  agent,  it  shall  be  the  duty  of  such  owner  or  his  agent 
to  furnish  his  contractor  with  a  true  copy  of  said  attested  account:  and 


394  TEXAS  CIVIL  FORM  BOOK. 

if  said  contractor  shall  not,  within  ten  days  after  the  receipt  of  said  copy 
of  attested  account,  give  the  owner  written  notice  that  he  intends  to  dis- 
pute said  claim,  he  shall  be  considered  as  assenting  to  the  demand,  which 
shall  be  paid  by  the  owner  when  it  becomes  due. 
R.  S.  Art.  3307. 

Lien  Ceases,  When. — The  lien  created  by  article  3315  shall  cease  to 
be  operative  in  twelve  months  after  the  creation  of  the  lien,  if  no  steps 
be  sooner  taken  to  enforce  it. 
R.  S.  Art.  3315. 


No.  506. 
BOND  OF  INDEMNITY  FROM  CONTRACTOR  TO  OWNER. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that,  whereas,  on  the  ....  day  of 

,  A.  D.  19 .  .,  ,  as  party  of  the  first  part,  and 

and  wife ,  as  parties  of  the  second  part,  all 

of County,  Texas,  did  make  and  enter  into  a  contract  in  writ- 
ing, whereby  the  party  of  the  first  part,  for  and  in  consideration  of  the 

sum  of dollars,  to  be  paid  to  him  by  the  said  parties  of  the  second 

part,  according  to  the  terms  and  conditions  set  forth  in  said  contract, 
agreed,  bound  and  obligated  himself  to  make,  erect  and  build  for  said 
parties  of  the  second  part  a  certain  five-room  shingle  roof  dwelling- 
house  on  a  certain  lot  or  tract  of  land  situated  in  the  city  of , 

in  Count}7,  Texas,  more  fully  described  in  said  contract  to 

which  reference  is  hereby  made,  to  complete  and  finish  said  building 
and  improvements  in  a  good,  substantial  and  workmanlike  manner,  by 

the  ....  day  of ,  A.  D.  19.  .,  strictly  according  to  the  plans  and 

specifications  attached  to  and  made  a  part  of  said  contract,  marked 
Exhibit  "A."  Xow  therefore  for  the  purpose  of  securing  the  said 

and ,  their  heirs  or  assigns,  in  the  faithful 

performance  of  all  the  covenants  and  obligations  of  the  said 

set  forth  in  said  written  contract  and  herein  contained,  we,  the  said 

as  principal  and and as  sureties,  acknowledge 

ourselves  indebted  to  and  bound  to  pay  unto  the  said and 

,  their  heirs,  executors,  administrators  or  assigns,  the 

sum  of dollars,  at ,  Texas,  as  liquidated  damages;  for 

the  payment  whereof  well  and  truly  to  be  made  we  bind  ourselves,  our 
heirs,  executors  and  administrators,  jointly  and  severally,  firmly  by 
these  presents. 

The  conditions  of  this  obligation,  however,  are  such  that  if  the  said 

shall  well  and  truly  do  and  perform  all  and  every  the 

covenants  and  conditions  as  set  forth  in  said  contract  and  herein  by  him 


TEXAS  CIVIL  FORM  BOOK.  395 

promised  to  be  done,  kept  and  performed,  then  in  such  event  this  obliga- 
tion to  become  null  and  void  and  of  no  further  force  or  effect,  otherwise 
to  remain  in  full  force  and  effect. 

Witness  our  hands  this  ....  day  of ,  A.  D.  19.  . 


No.  507. 
CONVEYANCE  OF  MECHANIC'S  LIEN. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that,  whereas,  on  the  ....  day  of 

,  A.  D.  19 . ., ,  of County,  State  of  Texas, 

made  and  entered  into  a  written  contract  with  and 

,  his  wife,  of  said  county  and  State,  to  build  and  erect  a 

one-story  frame  shingle  roof  house,  of rooms,  upon  the  following 

described  real  estate  in  the  city  of ,  county  of ,  State 

of  Texas,  to  wit (here  describe  the  land). 

And  whereas,  as  part  of  the  consideration  on  the  part  of  said 

to  so  erect  said  house  and  improvements,  the  said  and 

have  executed  their  joint  and  several  promissory  note  for 

the  sum  of dollars,  payable  to  the  order  of  the  said . , 

on  the  ....  day  of ,  A.  D.  19.  .;  and, 

Whereas,  in  said  contract  and  in  said  note,  a  mechanic's,  ma^erial- 
man's,  laborer's  and  contractor's  lien  is  fixed  and  retained  to  secure  the 

payment  of  said  note  and  other  sums  mentioned ;  and  whereas, 

of County,  State  of  Texas,  has  purchased  said  note  above  de- 
scribed with  all  the  mechanic's,  materialman's,  laborer's  and  contractor's 
lien  incident  thereto  as  the  same  accrues : 

Now  therefore,  in  consideration  of  the  sum  of dollars  in  hand 

paid  to  the  said by ,  the  receipt  of  which  is 

hereby  acknowledged  (or  if  the  lien  contract  is  taken  up  by  individual 
or  corporation  and  money  advanced  as  the  improvements  are  being  made, 
the  following  clause  can  be  used  instead  of  above :  "  Now  therefore  in 
consideration  of  the  premises,  the  sum  of  one  dollar  in  hand  paid  to  the 

said  by  the  said  ,  the  receipt  of  which  is 

hereby  acknowledged,  and  the  further  sum  of dollars,  to  be  paid 

to  the  said by  the  said ,  as  the  erection  of 

said  house  and  improvements  progresses,  and  the  said  mechanic's,  ma- 
terialman's, laborer's,  and  contractor's  lien  accrues"),  I,  the  said 
,  have  this  day  bargained,  sold,  conveyed,  assigned,  trans- 
ferred and  delivered,  and  by  these  presents  do  bargain,  sell,  transfer, 

assign  and  deliver  unto  the  said of County,  Texas, 

the  said  above  described  note,  for  the  sum  of dollars. 


396  TEXAS  CIVIL  FORM  BOOK. 

To  have  and  to  hold  the  same,  together  with  all  and  singular  the  con- 
tract lien,  mechanic's,  materialman's,  laborer's  and  contractor's  lien, 
rights,  equities,  securities  and  interests  in  and  to  the  above  described 
real  estate,  and  the  improvements  now  upon  and  to  be  placed  upon  said 
real  estate,  which  I  have  or  may  hereafter  have  by  virtue  of  being  payee 
in  said  note  and  the  contractor  for  the  erection  of  the  improvements 
upon  said  real  estate  as  shown  by  the  written  contract  aforesaid,  and  I 
hereby  acknowledge  the  full  payment  and  receipt  of  all  indebtedness, 
claims  and  liens  against  said  described  real  estate  and  improvements 
now  on  and  to  be  placed  thereon  under  and  by  virtue  of  said  contract 
over  and  above  said  note,  and  hereby  bind  myself  that  said  note  is  a 
first  lien  on  said  land,  and  that  all  credits  to  which  said  note  is  entitled 

appear  on  the  back  thereof,  and  I  hereby  authorize  the  said 

to  release  the  mechanic's  lien  upon  the  payment  of  said  note  by  duly 
executed  release. 

Witness  my  hand  this  ....  day  of ,  A.  D.  19 .  . 


[Acknowledgment  same  as  given  in  deeds.] 


PARTITION  OF  REAL  ESTATE. 

R.  S.  Arts.  3606-3625   (3465-3483). 

No.  508. 
PETITION  FOR  PARTITION  OF  REAL  ESTATE. 

The  State  of  Texas,  County  of In  District  Court  of 

County,  Texas, Term,  A.  D.  19 .. 

To  the  District  Court  of  said  County: 

Now  comes ,  who  resides  in County,  Texas,. 

hereinafter  called  plaintiff,  complaining  of and > 

who  reside  in  the  county  of ,  in  the  State  of  Texas,  hereinafter 

called  defendants ;  and  for  cause  of  action,  plaintiff  represents  to  the 
court  that  plaintiff  and  defendants  are  the  joint  owners  in  fee  simple  of 
the  following  described  land  and  premises  situated  in  the  county  of 

,  in  the  State  of  Texas,  to  wit:  ........  (here  describe  fully  the 

land  and  premises) ;  that  plaintiff  is  the  .owner  of  one  equal  undivided 
one-third  (1-3)  part  of  said  land  and  premises,  and  that  the  defendants 

and are  each  owners  of  an  equal  undivided 

one-third  (1-3)  part  of  said  land  and  premises. 

That  plaintiff  and  defendants  are  the  sole  owners  of  said  land  and 
premises  so  far  as  known  to  this  plaintiff,  and  the  estimated  value  there- 
of is dollars. 

Wherefore  plaintiff  prays  the  court  that  defendants  be  cited  to  appear 
and  answer  this  petition,  and  that  he  have  judgment  for  the  partition 


TEXAS  CIVIL  FORM  BOOK.  397 

and  division  of  said  land  and  premises;  that  commissioners  be  appointed 
and  a  writ  of  partition  issue,  and  for  possession  of  that  portion  that  by 
judgment  of  the  court  may  be  ascertained  and  declared  to  be  the  prop- 
erty of  plaintiff,  and  for  such  other  and  further  relief,  special  and  gen- 
eral, in  law  and  in  equity,  that  he  may  be  justly  entitled  to,  etc. 


Attorney  for  Plaintiff. 
R.  S.  Art.  3607  (3466). 

Upon  the  filing  of  said  partition,  the  clerk  shall  issue  citation  for 
each  of  the  defendants  named  therein,  as  in  other  cases,  and  such  cita- 
tions shall  be  served  in  the  same  manner  and  for  the  same  length  of  time 
provided  for  the  service  of  citation  in  other  cases. 

R.  S.  Art.  3608  (3467). 

If  the  plaintiff,  his  agent  or  attorney,  at  the  commencement  of  the 
suit,  or  during  the  progress  thereof,  for  the  partition  of  land,  shall 
make  affidavit  that  an  undivided  portion  of  the  land  described  in  plain- 
tiff's petition  in  said  suit  is  owned  by  some  person  or  persons  unknown 
to  affiant,  the  clerk  shall  issue  citation  to  the  proper  officer,  which  shall 
contain  a  brief  statement  of  the  nature  of  the  suit,  etc.,  and  the  same 
shall  be  published  in  some  newspaper  in  the  county  where  the  writ 
issued,  for  four  successive  weeks  previous  to  the  return  day  of  such 
process,  etc. 

R.  S.  Art.  3609. 


No.  509. 

DECREE  OF  PARTITION. 

vs No In  District  Court  of 

County,  Texas, Term,  A.  D.  19. . 

On  this  the  ....  day  of ,  A.  D.  19. .,  came  on  to  be  heard  the 

above  entitled  and  numbered  cause.  Both  plaintiff  and  defendant  ap- 
peared in  person  and  by  their  attorneys  and  announced  ready  for  trial, 
and  a  jury  being  waived,  all  matters  of  fact  as  well  as  of  law  were  sub- 
mitted to  the  court.  The  court  after  hearing  the  pleadings,  the  evidence 
and  argument  of  counsel,  is  of  the  opinion  and  finds  that  plaintiff  and 
defendant  are  the  sole  owners  of  and  are  by  law  entitled  to  partition  and 
division,  share  and  share  alike,  of  said  land  and  premises  sought  to  be 
divided,  to  wit: (here  describe  said  land). 

It  is  therefore  ordered  and  decreed  by  the  court  that  said  above  de- 
scribed land  and  premises  be  and  is  hereby  ordered  and  directed  par- 
titioned and  distributed  equally,  share  and  share  alike,  between  plaintiff 
and  defendant,  to  wit :  to  plaintiff,  ,  one-half  part  or  in- 
terest, and  to  defendant,  ,  one-half  part  or  interest,  in  and 

to  said  land  and  premises. 


398  TEXAS  CIVIL  FORM  BOOK. 

It  also  appearing  to  the  court  that ,  . and 

are  residents  of County,  Texas,  and  competent 

and  disinterested  persons,  it  is  further  ordered  that  they  be  and  are 
hereby  appointed  commissioners  to  make  a  fair,  equal,  just  and  impartial 
partition  of  said  land  and  premises  above  described,  share  and  share  alike, 
between  plaintiff  and  defendant  in  accordance  with  this  decree  and  the 
law,  and  when  completed  report  the  same  in  writing. and  under  oath  to 

the term,  A.  D.  19.  .,  of  this  court,  describing  the  real  estate 

divided,  giving  the  several  tracts  or  parcels  into  which  the  same  was 
divided,  describing  particularly  each  of  such  tracts  or  parcels,  the  num- 
ber of  shares  and  the  land  which  constitutes  each  share,  and  the  esti- 
mated value  and  allotment  of  each  share,  accompanied  by  such  field 
notes  and  maps  as  may  be  necessary  to  make  the  same  intelligible.  II' 
in  the  opinion  of  said  commissioners  a  fair  and  equitable  division  of 
said  real  estate,  or  any  part  thereof,  cannot  be  made,  they  shall  report 
the  fact  to  this  court  in  writing  under  oath,  at  this  term,  stating  their 
reasons  for  such  opinion,  for  which  writ  of  partition  may  issue. 

R.  S.  Art.  3620  (3478).     Arts.  3611  and  3621  amended  by  29th  Leg..  Reg.   Ses. 
(1905),  p.  95. 


No.  510. 
WRIT  OF  PARTITION. 

The  State  of  Texas.     To  the  Sheriff  or  any  Constable  of 

County  —  Greeting : 

You  are  commanded  that  you  notify and and 

that  they  have  been  duly  appointed  commissioners  by  the  district  court 

of  said  county  (with as  surveyor,  if  surveyor  is  appointed), 

to  partition  between .  and ,  joint  owners 

thereof,  a  certain  tract  of  land  described  in  a  decree  rendered  in  said 

court  on  the  .  . .  day  of ,  A.  D.  19.  .,  a  copy  of  which  accompanies 

this  writ;  and  that  they  are  hereby  authorized  and  required,  after  being 
duly. sworn  and  notifying  the  parties  thereof,  to  enter  upon  said  tract 
of  land  with  a  surveyor  and  such  other  assistance  as  may  be  necessary 
to  aid  them  in  the  discharge  of  their  duties,  and  then  and  there,  after 
viewing  the  same,  to  make  a  fair,  equal,  just,  and  impartial  division  of 
said  tract  of  land,  according  to  said  decree  and  the  law,  between  the 

said and ,  to  the  best  of  their  knowledge  and 

skill.  And  their  action  in  the  premises,  duly  sworn  to  and  subscribed, 
they  are  required  to  return  to  said  court  at  the  present  term  thereof 
(or  on  or  before  the  first  day  of  the  next  term  thereof,  to  be  commenced 
on  the  first  Monday  in ,  A.  D.  19.  .) 


TEXAS  CIVIL  FORM  BOOK.  399 

Herein  fail  not,  but  make  due  return  of  this  writ,  with  your  action 
thereon,  as  the  law  directs. 

Witness   ,  Clerk  of  the  District  Court  of  said  County, 

and  the  seal  of  said  court  thereon  impressed,  this  ....  day  of ,  A. 

D.  19.. 

(Seal.)  

Clerk  of  the  District  Court,  County. 

R.  S.  Art.  3612   (3470). 

RETURNS  ON   SAID  WRIT. 

Came  to  hand  on  this  the  ....  day  of ,  A.  D.  19 .  .,  at  .... 

o'clock  .  .m,,  and  executed  on  the  ....  day  of ,  A.  D.  19.  .,  at 

....   o'clock  .  .m.,  by  reading  the  within  writ  to  each  of  the  persons 

named  therein,  to  wit :   ,  and , 

in  person,  at ,  in  . ., County,  Texas,  and  by  delivering  to 

the  said ,  in  person,  a  certified  copy  of  the  decree  of  court 

within  mentioned.     The  distance  actually  traveled  in  the  execution  of 

such  process  is  ....  miles.  

Sheriff, County,  Texas. 

R.  S.  Art.  3613  (3471). 


No.  511. 
NOTICE  TO  PARTIES. 

The  State  of  Texas,  County  of To of  said 

County : 

You  are  hereby  notified  that  on  the  ....  day  of ,  A.  D.  19.  ., 

we  shall  proceed  to  execute  a  writ  of  partition,  lately  issued  from  the 
district  court  of  said  county,  authorizing  us  to  divide  between  you  and 

,  as  joint  owners  thereof,  a  certain  tract  of  land  lying  in 

said  county,  and  known  as  the survey. 

Witness  our  hands  this  .      .  dav  of  .  ,  A.  D.  19.  . 


Commissioners. 


No.  512. 
COMMISSIONERS'  REPORT. 

The  State  of  Texas,  County  of   To  the  Honorable  District 

Court  of County,  Texas, Term,  A.  D.  19 .  . 

In  obedience  to  decree  of  partition  and  writ  issued  from  said  court, 

requiring  us  to  partition  between  the  joint  owners,   .  . . and 

,  certain  land  situated  in County,  Texas,  to  wit 

(here  describe  said  land). 


400  TEXAS  CIVIL  FORM  BOOK. 

We,  the  undersigned  commissioners,  having  notified  the  parties,  pro- 
ceeded on  the  ....  day  of ,  A.  D.  19 . .,  with ,  sur- 
veyor (if  surveyor  was  necessary),  to  execute  said  writ  of  partition  as 
therein  required,  and  having  found  upon  survey  that  said  tract  of  land 
contains  ....  acres,  as  appears  hy  annexed  plat  of  survey ;  and  having 

further  found  from  the  evidence  before  us,  that  tract  No contains 

....  acres  and  tract  No contains  ....  acres,  and  are  of  equal 

value,  we  have  made  an  equal  division  of  said  land,  as  appears  hy  said 

plat  of  survey;  and  according  thereto  have  assigned  tract  No , 

valued  at dollars,  to ,  and  said  tract  No. 

.  . .  .,  valued  at dollars,  to  the  said (if  said  land  or  any 

part  thereof  is  not  susceptible  of  a  fair  and  equitable  division,  the  com- 
missioners should  so  state  and  give  their  reasons,  and  make  their  re- 
turns without  dividing  that  part  which  is  not  susceptible  of  division); 
which  partition  we  judge  to  be  fair  and<  equitable  between  said  parties 
and  in  proportion  to  the  shares  to  which  said  parties  are  respectively 

entitled.  The  services  occupied days,  during  which  time 

was  employed  as  surveyor. 

Witness  our  hands  this  ....  day  of ,  A.  D.  19.  . 


Subscribed  and  sworn  to  before  me,  under  my  official  hand  and  seal, 

this  ....  day  of ,  A.  D.  19.. 

(Seal.) 


R.   S.  Art.   3620   (3478). 


No.  513. 

ORDER   OF   COURT    APPROVING  REPORT  OF  COMMISSIONERS. 

vs No In  District  Court  of 

County,  Texas, Term,  A.  D.  19 .. 

On  this  the day  of ,  A.  D.  19.  .,  came  on  to  be  heard  in 

the  above  entitled  and  numbered  cause,  the  report  of  said  commissioners, 

filed  in  this  court  on  the day  of ,  A.  D.  19.  .,  appointed  by 

this  court  to  partition  and  distribute  said  real  estate  described  in  said 

report  between and ,  made  in  obedience  to 

the  order  of  this  court,  made  on  the  ...  day  of ,  A.  D.  19. . ;  and 

it  appearing  to  the  court,  after  having  examined  said  report  carefully 
and  having  heard  all  exceptions  and  objections  made  thereto,  and  having 
heard  evidence  in  favor  of  and  against  the  same,  that  said  partition  and 
distribution  has  been  fairly  made  according  to  law,  and  no  valid  excep- 
tions having  been  taken  thereto : 


TEXAS  CIVIL  FORM  BOOK.  401 

It  is  therefore  ordered  by  the  court  that  the  said  report  of  partition 
and  division  be  and  the  same  is  here  now  in  all  respects  approved  and 
confirmed  by  the  court  and  ordered  entered  of  record  by  the  clerk  of 
this  court. 

It  is  further  ordered  by  the  court  that  the  title  shall  be  and  is  hereby 
vested  in  each  party  to  whom  a  share  has  been  allotted  to  such  share 
or  portion  of  said  property  as  set  apart  to  him  by  said  commissioners 
in  said  report  as  against  the  other  party  to  this  suit,  his  heirs,  execu- 
tors, administrators  or  assigns,  <as  fully  and  effectually  as  the  deed  of 
such  party  could  vest  the  same,  and  shall  have  the  same  force  and  effect 
as  a  full  warranty  deed  of  conveyance  from  such  other  party.  And  it 

is  also  ordered  that  said  commissioners,    ,   

and   ,  be  allowed  the  sum  of   dollars  each,  to  be 

taxed  as  costs  herein,  and  that  plaintiff  and  defendant  each  pay  one-half 
the  costs  incurred  herein,  for  which  execution  may  issue. 
R.  S.  Art.  3625  (3483). 

Either  party  to  the  suit  may  file  objections  to  any  report  of  the  com- 
missioners in  partition,  and  in  such  case  a  trial  of  the  issues  thereon 
shall  be  had  as  in  other  cases,  and  if  the  report  be  found  to  be  erroneous 
in  any  material  respect,  or  unequal  and  unjust,  the  same  shall  be  re- 
jected and  other  commissioners  shall  be  appointed  by  the  court  and 
the  same  proceedings  had  as  in  the  first  instance. 
R.  S.  Art.  3622  (3480). 

Should  the  commissioners  report  that  a  fair  and  equitable  division  of 
said  real  estate,  or  any  part  thereof,  cannot  be  made,  if  the  court  should 
be  satisfied  that  said  report  is  correct,  it  shall  order  a  sale  of  said 
property  incapable  of  partition,  for  cash,  or  upon  such  other  terms  as 
it  may  direct.  Said  sale  shall  be  made  as  under  execution,  and  the 
proceeds  thereof  shall  be  returned  into  court  and  partitioned  by  the 
court  between  the  persons  entitled  thereto,  according  to  their  interest 
therein. 

R.  S.  Art.  3621   (3479). 


PARTNERSHIPS— LIMITED. 

R.  S.  Art.  3583-3605  (3442-3464). 

No.  514. 

ARTICLES  OF  PARTNERSHIP. 

The  State  of  Texas,  County  of 

Articles  of  agreement  between and ,  of 

said  State  and  county,  witnesseth:     The  said  parties  have  agreed,  and 
by  these  presents  do  agree,  to  associate  themselves  as  copartners  in  the 
art  and  trade  of  buying  and  selling  all  sorts  of  wares,  goods  and  mer- 
Fonn  Book  — 26. 


404  TEXAS  CIVIL  FORM  BOOK. 

No.  515. 

ARTICLES  OF  LIMITED  COPARTNERSHIP. 

The  State  of  Texas,  County  of 

Articles  of  agreement  between ,  of county  of 

,  and  State  of  Texas,  of  the  first  part,  and ,  of 

the  county  of ,  and  State  aforesaid,  of  the  second  part,  and 

• ,  of  the  county  of ,  and  State  of  Texas,  of  the 

third  part,  witnesseth:  The  said  parties  have  agreed  and  by  these  pres- 
ents do  agree  to  associate  themselves  in  a  limited  partnership  for  carry- 
ing on,  in  the  city  of ,  the  trade,  business  and  occupation  of 

'  buying  and  selling ,  under  the  firm  name  of  .  . ,  the 

said and being  general  partners,  and  the  said 

a  special  partner ;  that  the  said  partnership  shall  com- 
mence at  the  date  of  these  presents  and  terminate  on  the  ....  day  of 

,  A.  D.  19 . . ;  that  the  said ,  as  such  special  partner, 

has  contributed dollars  in  cash  to  the  capital  stock  of  said  firm; 

that  the  said has  contributed,  as  a  general  partner,  in  cash, 

the  sum  of dollars;  and  that  the  said ,  also  as  a  gen- 
eral partner,  has  contributed  in  cash  the  sum  of dollars  to  the 

capital  stock  of  the  said  firm. 

It  is  further  agreed  that  the  interest  on  the  capital  stock  aforesaid  of 

the  said ,  special  partner,  shall  entitle  him  to  ....  per 

cent  of  the  yearly  profits  of  the  business  of  the  said  firm;  that  the  in- 
terest of  the  said  .  . .  ., shall  entitle  him  to  ....  per  cent;  and 

that  the  interest  of  the  said shall  entitle  him  to  ....  per 

cent  of  the  yearly  profits  aforesaid.  And  it  is  mutually  understood  and 
agreed  by  and  between  the  parties  to  this  agreement,  that  whatever  por- 
tion of  the  annual  profits  so  apportioned  to  the  respective  parties  shall 
be  allowed  by  either  of  the  parties  aforesaid  to  remain  with  said  firm 
for  the  use  and  benefit  of  all  the  parties  to  this  agreement,  such  portion 
of  profits  shall  draw  interest  at  the  rate  of  ....  per  cent  per  annum, 
which  said  interest  shall  be  paid  to  the  party  so  entitled  thereto  on  the 
....  day  of ,  in  each  and  every  year  during  the  term  of  this  con- 
tract. And  it  is  hereby  further  agreed  between  the  said  parties  in  man- 
ner following,  that  is  to  say :  That  the  said and 

(names  of  general  partners  should  be  given  here)  shall  not,  and  will 
not  at  any  time  hereafter  during  the  continuance  of  said  partnership, 
exercise  or  follow  the  said  trade  or  business,  or  any  other,  to  their 
private  benefit  or  advantage,  but  shall  and  will,  from  time  to  time,  and 
at  all  times  during  the  said  term  (if  they  shall  so  long  live),  use  their 
utmost  endeavors,  to  the  best  of  their  skill  and  ability,  to  promote  and 
enhance  the  mutual  interest  of  the  parties  hereto,  with  the  capital  stock 
as  aforesaid  and  its  increase. 

And  further,  it  is  agreed  between  the  parties  hereto  that  there  shall 
be  kept,  under  the  direction  of  the  said  several  parties,  during  said  term 
of  copartnership,  true,  just  and  accurate  books  of  account,  wherein  shall 


TEXAS  CIVIL  FORM  BOOK.  405 

be  entered  and  set  down  as  well  all  the  money  received  and  expended  in 
and  about  the  said  business,  as  also  all  commodities  and  merchandise 
bought  and  sold  by  reason  and  on  account  of  the  said  copartnership,  and 
all  other  matters  and  things  in  anywise  belonging  or  appertaining 
thereto,  and  that  either  of  the  parties  to  this  agreement  may  at  any 
time  have  free  access  thereto. 

And  also  that  there  shall  be  furnished,  under  the  direction  of  the  said 
general  partners,  to  each  of  the  parties  to  this  agreement,  his  executors 

or  administrators,  on  the  . .  .  day  of in  each  and  every  year  during 

the  term  of  this  agreement,  a  true  and  correct  account  of  all  profits  and 
increase  made,  and  of  all  losses  sustained,  by  said  firm;  and,  at  the 
expiration  of  said  term  of  ....  years,  there  shall  be  furnished,  under 
the  direction  of  the  said  general  partners,  their  executors,  administra- 
tors or  assigns,  to  each  of  the  parties  to  this  agreement,  his  executors, 
administrators  or  assigns,  a  true  and  final  account  of  all  things  per- 
taining to  the  business  of  said  copartnership  as  aforesaid;  and  upon  the 
making  and  rendering  of  said  accounts,  all  and  every  the  capital  stock 
remaining,  as  well  as  any  gain  and  increase  thereof  which  shall  appear, 
shall  be  apportioned  and  divided  between  the  said  copartners,  and  de- 
livered to  them  severally,  their  executors,  administrators  or  assigns,  in 

the  proportion  before  named;  that  is  te  say,  to  the  said , 

special  partaer,  ....  per  cent;  to  the  said ,  general  partner. 

....  per  cent,  and  to  the  said ,  general  partner,  .... 

per  cent. 

Witness  our  hands  this  the  ....  day  of ,  A.  D.  19.  . 


Signed  and  delivered  in  the  presence  of 
R.  S.  Art.  3584  (3443). 


No.  516. 
.      CERTIFICATE  OF  LIMITED  PARTNERSHIP. 

The  State  of  Texas,  County  of 

This  is  to  certify  to.  all  to  whom  these  presents  shall  come,  that  we, 

whose  names  are  hereunto  subscribed,  to  wit, ,  of , 

county  of ;    ,  of ,  county  of , 

both  in  the  State  of  Texas;  and ,  of ,  county  of 

,  and  State  of  Texas,  have  entered  into  a  limited  partnership 

for  the  business  of  buying  and  selling at ,  in  the  State 

and  county  first  aforesaid,  under  and  by  virtue  of  the  Revised  Statutes, 
Title  LXXVI,  relating  to  limited  partnerships,  upon  the  terms,  con- 
ditions and  liabilities  hereinafter  set  forth,  to  wit: 


404  TEXAS  CIVIL  FORM  BOOK. 

No.  515. 

ARTICLES  OF  LIMITED   COPARTNERSHIP. 

The  State  of  Texas,  County  of 

Articles  of  agreement  between ,  of county  of 

,  and  State  of  Texas,  of  the  first  part,  and ,  of 

the  county  of ,  and  State  aforesaid,  of  the  second  part,  and 

• ,  of  the  county  of ,  and  State  of  Texas,  of  the 

third  part,  witnesseth :  The  said  parties  have  agreed  and  by  these  pres- 
ents do  agree  to  associate  themselves  in  a  limited  partnership  for  carry- 
ing on,  in  the  city  of ,  the  trade,  business  and  occupation  of 

'  buying  and  selling ,  under  the  firm  name  of  . ,  the 

said and being  general  partners,  and  the  said 

a  special  partner ;  that  the  said  partnership  shall  com- 
mence at  the  date  of  these  presents  and  terminate  on  the  ....  day  of 

,  A.  D.  19 .  .  ;  that  the  said ,  as  such  special  partner, 

has  contributed dollars  in  cash  to  the  capital  stock  of  said  firm ; 

that  the  said has  contributed,  as  a  general  partner,  in  cash, 

the  sum  of dollars;  and  that  the  said ,  also  as  a  gen- 
eral partner,  has  contributed  in  cash  the  sum  of dollars  to  the 

capital  stock  of  the  said  firm. 

It  is  further  agreed  that  the  interest  on  the  capital  stock  aforesaid  of 

the  said ,  special  partner,  shall  entitle  him  to  ....  per 

cent  of  the  yearly  profits  of  the  business  of  the  said  firm;  that  the  in- 
terest of  the  said  .  .  .  ., shall  entitle  him  to  ....  per  cent;  and 

that  the  interest  of  the  said shall  entitle  him  to  ....  per 

cent  of  the  yearly  profits  aforesaid.  And  it  is  mutually  understood  and 
agreed  by  and  between  the  parties  to  this  agreement,  that  whatever  por- 
tion of  the  annual  profits  so  apportioned  to  the  respective  parties  shall 
be  allowed  by  either  of  the  parties  aforesaid  to  remain  with  said  firm 
for  the  use  and  benefit  of  all  the  parties  to  this  agreement,  such  portion 
of  profits  shall  draw  interest  at  the  rate  of  ....  per  cent  per  annum, 
which  said  interest  shall  be  paid  to  the  party  so  entitled  thereto  on  the 
....  day  of ,  in  each  and  every  year  during  the  term  of  this  con- 
tract. And  it  is  hereby  further  agreed  between  the  said  parties  in  man- 
ner following,  that  is  to  say:  That  the  said and 

(names  of  general  partners  should  be  given  here)  shall  not,  and  will 
not  at  any  time  hereafter  during  the  continuance  of  said  partnership, 
exercise  or  follow  the  said  trade  or  business,  or  any  other,  to  their 
private  benefit  or  advantage,  but  shall  and  will,  from  time  to  time,  and 
at  all  times  during  the  said  term  (if  they  shall  so  long  live),  use  their 
utmost  endeavors,  to  the  best  of  their  skill  and  ability,  to  promote  and 
enhance  the  mutual  interest  of  the  parties  hereto,  with  the  capital  stock 
as  aforesaid  and  its  increase. 

And  further,  it  is  agreed  between  the  parties  hereto  that  there  shall 
be  kept,  under  the  direction  of  the  said  several  parties,  during  said  term 
of  copartnership,  true,  just  and  accurate  books  of  account,  wherein  shall 


TEXAS  CIVIL  FORM  BOOK.  405 

be  entered  and  set  down  as  well  all  the  money  received  and  expended  in 
and  about  the  said  business,  as  also  all  commodities  and  merchandise 
bought  and  sold  by  reason  and  on  account  of  the  said  copartnership,  and 
all  other  matters  and  things  in  anywise  belonging  or  appertaining 
thereto,  and  that  either  of  the  parties  to  this  agreement  may  at  any 
time  have  free  access  thereto. 

And  also  that  there  shall  be  furnished,  under  the  direction  of  the  said 
general  partners,  to  each  of  the  parties  to  this  agreement,  his  executors 

or  administrators,  on  the  .  . .  day  of in  each  and  every  year  during 

the  term  of  this  agreement,  a  true  and  correct  account  of  all  profits  and 
increase  made,  and  of  all  losses  sustained,  by  said  firm;  and,  at  the 
expiration  of  said  term  of  ....  years,  -there  shall  be  furnished,  under 
the  direction  of  the  said  general  partners,  their  executors,  administra- 
tors or  assigns,  to  each  of  the  parties  to  this  agreement,  his  executors, 
administrators  or  assigns,  a  true  and  final  account  of  all  things  per- 
taining to  the  business  of  said  copartnership  as  aforesaid;  and  upon  the 
making  and  rendering  of  said  accounts,  all  and  every  the  capital  stock 
remaining,  as  well  as  any  gain  and  increase  thereof  which  shall  appear, 
shall  be  apportioned  and  divided  between  the  said  copartners,  and  de- 
livered to  them  severally,  their  executors,  administrators  or  assigns,  in 

the  proportion  before  named;  that  is  te  say,  to  the  said  , 

special  partner,  ....  per  cent;  to  the  said ,  general  partner. 

....  per  cent,  and  to  the  said ,  general  partner,  .... 

per  cent. 

Witness  our  hands  this  the  ....  day  of ,  A.  D.  19.  . 


Signed  and  delivered  in  the  presence  of 
R.  S.  Art.  3584   (3443). 


No.  516. 
.      CERTIFICATE  OF  LIMITED  PARTNERSHIP. 

The  State  of  Texas,  County  of 

This  is  to  certify  to.  all  to  whom  these  presents  shall  come,  that  we, 

whose  names  are  hereunto  subscribed,  to  wit, ,  of , 

county  of ;   ,  of ,  county  of , 

both  in  the  State  of  Texas;  and ,  of ,  county  of 

,  and  State  of  Texas,  have  entered  into  a  limited  partnership 

for  the  business  of  buying  and  selling at ,  in  the  State 

and  county  first  aforesaid,  under  and  by  virtue  of  the  Revised  Statutes, 
Title  LXXVI,  relating  to  limited  partnerships,  upon  the  terms,  con- 
ditions and  liabilities  hereinafter  set  forth,  to  wit: 


406  TEXAS  CIVIL  FORM  BOOK. 

1.  The  said  partnership  is  to  be  conducted  under  the  name,  firm  and 
style  of &   

2.  The  general  nature  of  the  business  intended  to  be  transacted  by 
the  said  firm  or  partnership  is  the  buying  and  selling  of  .  . 

3.  The  general  partners  in  the  said  firm  are ,  of 

aforesaid,  and ,  of aforesaid,  both  now 

residents  of  said ;  and  the  special  partner  is , 

residing  in ,  county  of  . ,  aforesaid. 

4.  The  said  special  partner  has  contributed  to  the  common  stock  of 
the  said  firm  the  sum  of .dollars  in  cash,  and  actually  paid  in. 

5.  The  said  partnership  to  commence  immediately  at  and  after  the 

making  of  this  certificate,  and  is  to  terminate  on  the  ....  day  of , 

A.  D.  19.. 

Made  and  severally  signed  by  the  said  partners  at  the  said  city  of 
.. ,  the  ....  day  of ,  A.  D.  19.  . 


R.  S.  Art.  3586   (3445). 


No.  517. 

ACKNOWLEDGMENT  OF  ABOVE  CERTIFICATE. 

The  State  of  Texas,  County  of 

Before  me,  ,  a  notary  public  in  and  for  the  county  of 

,  and  State  of  Texas,  on  this  day  personally  appeared  the 

above  named  persons,  ,  . . . and , 

each  known  to  me  to  be  the  persons  whose  names  are  subscribed  to  the 
above  and  foregoing  instrument,  and  acknowledged  to  me  that  they  each 
executed  and  delivered  the  same  for  the .  purposes  and  consideration 
therein  expressed. 

Given  under  my  hand  and  seal  of  office  this  ....  day  of , 

A.  D.  19 .. 


Notary  Public  in  and  for  ........  County,  Texas. 

R.  S.  Art.  3587  (3446). 


No.  518. 
AFFIDAVIT  OF  ONE  OF  THE  PARTNERS. 

The  State  of  Texas,  County  of  ........ 

Before  me,  ............  ,  a  notary  public  in  and  for  the  county  of 

........  ,  and  State  of  Texas,  personally  appeared  on  this  the  ....  day 

Of  ........  }  A.  D.  19.  .,  ...........  ,  aforenamed,  one  of  the  general 

partners  in  the  firm  of  ............  &  ............  ,  referred  to  in  the 


TEXAS  CIVIL  FORM  BOOK.  407 

preceding  certificate,  who,  being  duly  sworn  (or  affirmed),  did  depose 
and  say  that  the  sum  specified  in  the  said  certificate  to  have  been  con- 
tributed by  the  special  partner  therein  named  to  the  common  stock, 

to  wit, dollars,  by  the  said ,  has  been  so  contributed, 

and  actually  and  in  good  faith  paid  in  cash. 


Sworn  to  and  subscribed  before  me,  under  my  official  hand  and  seal, 

this  the day  of ,  A.  D.  19.  . 

(Seal.)  

R.  S.  Art.  3589  (3448). 

The  original  certificate,  with  the  evidence  of  the  acknowledgment  and 
the  above  affidavit,  shall  be  filed  in  the  office  of  the  clerk  of  the  county 
court  of  the  county  in  which  the  principal  place  of  business  of  the  part- 
nership shall  be  situated,  and  shall  be  recorded  by  him  at  large  in  a 
book  to  be  kept  for  that  purpose,  open  to  public  inspection. 

R.  S.  Art.  3588  (3447). 


No.  519. 
ADVERTISEMENT  OF  LIMITED  PARTNERSHIP. 

We,  the  subscribers,  have  this  day  entered  a  limited  partnership 
agreeably  to  the  provision  of  the  Revised  Statutes,  Title  LXXVI,  relat- 
ing to  limited  partnership,  and  do  hereby  certify  that  the  name  of  the 

iirm  under  which  said  partnership  is  to  be  conducted  is 

& ;  that  the  general  nature  of  the  business  to  be  trans- 
acted is  the  buying  and  selling  of ,  and  the  same  will  be  trans- 
acted in  the  city  of ;  that  the  names  of  the  general  partners  of 

the  said  firm  are ,  of ,  county  of ,  and 

,  of ,  county  of  ,  both  in  the  State  of 

Texas;  and  the  special  partner  is ,  of ,  county  of 

,  and  State  of  Texas ;  that  the  capital  contributed  by  the  said 

,  special  partner,  is dollars  in  cash ;  that  the  period 

&t  which  said  partnership  is  to  commence  is  the  ....  day  of , 

A.  D.  19.  .,  and  that  it  will  terminate  on  the   ....   day  of  , 

A.  D.  19 .. 


General  Partners. 

Special  Partner. 

The  partners  shall  publish  the  above  terms  of  the  partnership  when 
registered,  for  at  least  six  weeks  immediately  after  such  registry,  in 
such  newspaper  as  shall  be  designated  by  the  clerk  in  whose  office  such 
registry  shall  be  made. 

R.  S/Art.  3591   (3450). 


408  TEXAS  CIVIL  FORM  BOOK. 

No.  520. 
AFFIDAVIT  OF  PUBLICATION  TO  BE  FILED  WITH  THE  CLERK. 

The  State  of  Texas,  County  of 

Before  me,  ,  a  notary  public  in  and  for  the  county  of 

,  and  State  of  Texas,  personally  appeared,  on  this  the  .... 

day  of  .......  A.  D.  19.  ., ,  publisher  of  the , 

who,  being  duly  sworn  (or  affirmed),  did  depose  and  say  that  the  pre- 
ceding advertisement  of  the  terms  of  limited  partnership  between  the 

persons  therein  named  had  been  published  in  the ,  a  newspaper 

published  in  said  county,  for  the  term  of  six  weeks  next  and  imme- 
diately after  the  registry  of  the  certificate. 


Sworn  to  and  subscribed  before  me,  under  my  official  hand  and  seal, 

this  the day  of  ...  .*.  .,  A.  D.  19.  . 

(Seal.)  

R.  S.  Art.  3592   (3451). 

The  above  affidavit  made  by  the  publisher  of  the  newspaper  in  which 
said  notice  is  published,  filed  with  the  clerk  directing  the  same,  shall  be 
evidence  of  the  facts  therein  contained. 


No.  521. 

AGREEMENT  TO  CONTINUE  PARTNERSHIP  BY  INDORSEMENT. 

Whereas  the  partnership  evidenced  by  the  within  written  articles  has 
this  day  expired  by  the  limitation  contained  herein  (or  will  expire  on  the 

....  day  of ,  A.  D.  19. . ),  it  is  hereby  agreed  that  the  same  shall 

continue  upon  the  same  terms,  and  with  all  the  provisions  and  restric- 
tions herein  contained,  for  the  further  term  of years  from  this 

date  (or  from  the  ....  day  of ,  A.  D.  19.  . ). 

In  witness  whereof  we  have  hereunto  set  our  hands  this  the  ....  day 
of  .  ,  A.  D.  19.. 


R.  S.  Art.  3593   (3452). 

Every  renewal  or  continuance  of  such  partnership  beyond  the  time 
originally  fixed  for  its  duration  shall  be  certified,  acknowledged  and 
recorded,  and  an  affidavit  of  a  general  partner  be  made  and  filed,  and 
notice  given  in  the  manner  herein  required  for  its  original  formation, 
and  every  such  partnership  which  shall  be  otherwise  renewed  or  con- 
tinued shall  be  deemed  a  general  partnership. 


TEXAS  CIVIL  FORM  BOOK.  409 

No.  522. 

ASSIGNMENT  OF  PARTNERSHIP  PROPERTY  AND  DEBTS  BY  ONE  PART- 
NER TO  ANOTHER  IN  TRUST  TO  CLOSE  THE  CONCERN. 

The  State  of  Texas,  County  of 

Whereas,  a  copartnership  has  heretofore  existed  between 

and ,  both  of  the  city  of ,  which  copartnership 

has  been  known  under  the  name  of ,  and  which  it  is  the 

intention  of  the  said  copartners  forthwith  to  dissolve  and  determine: 

J^ow  this  agreement  by  and  between  the  said of  the  one 

part,  and  the  said of  the  other  part,  witnesseth : 

First.  That  the  copartnership  aforesaid  is  hereby,  by  the  mutual  con- 
sent of  the  said  parties,  dissolved  and  determined. 

Second.  The  said doth  hereby  sell,  transfer,  assign  and 

set  over  unto  the  said his  moiety  of  all  the  stock  in  trade, 

goods,  merchandise,  effects  and  property  of  every  description  belonging 
to  or  owned  by  the  said  copartnership,  wherever  the  same  may  be, 
together  with  all  debts,  choses  in  action,  and  sums  of  money  due  and 
owing  to  the  said  firm  from  any  and  all  persons  whomsoever,  to  hold 

the  same  to  the  said and  his  assigns  forever  in  trust  for 

the  following  purposes,  namely :  that  the  said shall  sell 

and  dispose  of  all  the  goods,  property  and  effects  belonging  to  the  said 
firm  at  such  time  and  in  such  manner  as  he  shall  think  prudent,  and 
shall,  with  reasonable  diligence,  collect  all  the  debts  and  sums  of  money 
due  and  owing  to  the  said  firm;  and  shall,  out  of  the  proceeds  of  the 
said  sales,  and  with  the  money  thus  collected,  pay  and  discharge  all  the 
debts  and  sums  of  money  now  due  and  owing  from  the  said  firm,  as  far 
as  the  proceeds  of  said  sales  and  the  said  sums  of  money  collected  will 
go;  and,  after  fully  satisfying  all  demands  against  the  said  firm,  if 
there  be  any  surplus,  shall  pay  over  one  moiety  thereof  to  the  said 
or  his  assigns. 

Third.  The  said both  hereby  constitute  and  appoint  the 

t,:i!d his  attorney  irrevocable,  in  his,  the  said  .  '.s 

own  name,  or  in  the  name  of  the  said  firm,  to  demand,  collect,  sue  for 
and  receive  any  and  all  debts  and  sums  of  money  due  and  owing  to  the 
said  firm;  to  institute  and  prosecute  any  suits  for  the  recovery  of  the 
said  debts,  or  to  compound  the  same  as  he  may  judge  most  expedient; 
to  defend  any  and  all  suits  against  the  said  firm;  to  execute  all  such 
paper  writings  and  acquittances  as  may  be  necessary;  and  generally  to 
do  all  such  acts  and  things  as  may  be  necessary  or  proper  for  the  full 
and  complete  settlement  of  all  business  and  concerns  of  the  said  part- 
nership. 

Fourth.  The  said ,  for  himself  and  his  heirs,  executors 

and  administrators,  hereby  covenants  to  and  with  the  said 

and  his  assigns  that  he  will  sell  and  dispose  of  the  partnership  property 
and  effects  to  the  best  advantage;  that  he  will  use  his  best  diligence  and 
endeavors  to  collect  all  debts  and  sums  of  money  due  and  owing  to  the 


410  TEXAS  CIVIL  FORM  BOOK. 

said  firm;  and  that  he  will  truly  and  faithfully  apply  the  proceeds  of 
said  sale  and  the  moneys  collected  to  the  payment,  discharge  and  satis- 
faction of  all  debts  and  demands  against  the  said  firm,  as  far  as  the 
same  will  go;  and,  after  discharging  all  such  debts,  will  pay  over  to  the 

said ,  or  his  assigns,  one  moiety  of  any  surplus  that  may 

remain;  and  further,  that  he  will  keep  full  and  accurate  accounts  of  all 
moneys  received  by  him  for  goods  sold  or  debts  collected,  as  well  as  of 
moneys  paid  out,  and  will  render  a  just,  true  and  full  account  therefor 
to  the  said  

Fifth.  The  said  ,  for  himself,  etc.,  covenants  to  and 

with  the  said ,  etc.,  that  upon  settlement  of  accounts,  if  it 

shall  be  found  that  the  debts  due  and  owing  from  the  said  firm  exceed 
the  amount  of  moneys  received  from  the  sale  of  the  said  goods  and  the 

debts  collected,  he  will  pay  unto  the  said ,  or  his  assigns, 

one  moiety  of  any  balance  that  may  then  be  due  and  owing  from  the 
said  firm. 

Witness  our  hands  this  the  ....  day  of ,  A.  D.  19.  . 


R.  S.  Art.  3601   (3460). 


No.  523. 
DISSOLUTION  OF  PARTNERSHIP. 

The  State  of  Texas,  County  of   

Whereas,  by  agreement  made  the  ....  day  of  ,  A.  D.  19. ., 

and ,  of ,  county  of ,  and 

State  of  Texas,  did  enter  into  copartnership  for  the  purpose  of  carrying 
on  the  business  of  merchandising  for  the  term  of  years; 

And  whereas  the  said  ,  wishing  to  discontinue  and  de- 
cline the  said  joint  partnership  so  entered  into,  he,  the  said , 

hath  proposed  to  his  said  partner,  ,  a  dissolution,  to 

which  proposition  the  said  hath  assented. 

The  parties  therefore  mutually  consent  and  agree,  by  these  presents, 
that  the  said  partnership  heretofore  existing  between  them  be  this  day 
dissolved.  And  it  is  further  stipulated  and  agreed  mutually,  between 
them  that  do  take  the  entire  stock  of  goods  and  mer- 
chandise now  on  hand  and  belonging  to  the  partnership,  at  a  valuation 
to  be  set  upon  the  same  by  three  competent  and  disinterested  persons 
appointed  to  value  the  same,  each  of  the  said  parties  appointing  the 
one,  and  the  two  so  appointed  to  appoint  a  third ;  and  that  he  also  have 
power  to  collect  the  debts  now  due  to  the  partnership,  and  to  receive 
all  or  any  part  of  the  same,  in  the  name  of  the  firm,  by  suits  at  law  or 
otherwise ;  and  that,  finally,  the  said do  pay  over  to  the 


TEXAS  CIVIL  FORM  BOOK.  411 

said ,  or  his  legal  representatives,  the  full  share  and  profits 

which  shall  appear  to  be  due  to  the  said in months 

after  the  date  hereof. 

Witness  our  hands  this  the  ....  day  of ,  A.  D.  19.  . 


Witnesses. 

R.  S.  Art.  3605   (3464). 


No.  524. 
DISSOLUTION  OF  PARTNERSHIP  BY  INDORSEMENT. 

We,  the  undersigned,  do  mutually  agree  that  the  partnership  formed 
between  us  by  the  within  articles  be  and  the  same  is  hereby  dissolved, 
except  for  the  purpose  of  the  final  liquidation  and  settlement  of  the 
business  thereof,  .and  upon  such  settlement  wholly  to  cease  and  de- 
termine. 

Witness  our  hands  this  the  ....  day  of ,  A.  D.  19 . . 


Witnesses. 


No.  525. 

PUBLIC  NOTICE  OF  DISSOLUTION. 

Notice  is  hereby  given  that  the  partnership  lately  subsisting  between 

and . : . ,  of ,  county  of ,  and 

State  of  Texas,  under  the  firm  name  of  " & ," 

was  dissolved  by  mutual  consent  (or  as  the  case  is),  on  the  ....  day  of 

,  A.  D.  19.  .   (or  expired  on  the  ....  day  of ,  A.  D.  19.  .). 

All  debts  owing  to  the  said  partnership  are  to  be  received  by  the  said 
,  and  all  demands  on  the  said  partnership  are  to  be  pre- 
sented to  him  for  payment  (or  "either  partner  is  allowed  to  use  the 
name  of  the  firm  in  liquidation  of  all  debts  due  to  and  from  the  part- 
nership "). 

,  A.  D.  19.. 


R.  S.  Art.  3605   (3464). 


412  TEXAS  CIVIL  FORM  BOOK. 

No.  526. 

PUBLIC  NOTICE   OF   DISSOLUTION,  WITH  CONTINUANCE. 

Xotice  is  hereby  given  that  the  partnership  between   , 

and was  dissolved  on  the  ....  day  of , 

A.  D.  19.  .     All  debts  due  to  the  said  partnership  are  to  be  paid,  and 

those  due  from  the  same  discharged  at street,  in  the  city  of 

,  where  the  business^  will  be  continued  by  the  said 

and ,  under  the  firm  name  of  " "  (or  here 

change  the  same  to  suit  the  circumstances  of  the  case). 
,  A.  D.  19.. 


No.  527. 

AGREEMENT  OF  ONE  PARTNER  TO  RELINQUISH  HIS  INTEREST  TO 

ANOTHER. 

This  agreement,  made  between   ,  of  the  one  part,  and 

and ,  of  tbe  other  part,  all  of ,  in 

the  county  of ,  and  State  of  Texas,  witnesseth :    That  whereas 

the  said  parties  have  heretofore  dealt  together  as  copartners,  and  by 
their  joint  trading  many  goods,  wares  and  debts  are  due  unto  them, 
wherein  each  of  them  hath  an  interest,  and  likewise  the  said  parties  are 
themselves  indebted  to  divers  other  persons  concerning  and  by  reason  of 

such  joint  trading :    Xow,  the  said ,  in  consideration  of  the 

sum  of dollars,  paid  by  the  said & , 

the  receipt  whereof  is  hereby  acknowledged,  doth  consent  to  disconnect 
himself  from  the  said  joint  trading  and  copartnership  with  the  said 

and ,  and  .doth  hereby  release,  grant,  assign 

and  transfer  unto  the  said and all  the  right, 

property  and  interest  whatsoever,  which  he,  the  said ,  hath, 

or  should  have,  in  and  to  all  and  singular  the  goods,  wares,  merchandise 
and  debts  mentioned  in  and  by  the  balance  of  an  account  hereto 
annexed. 

And  the  said ,  for  himself,  doth  covenant  with  the  said 

.  .  . and that  the  said  account  is  just  and  true, 

and  that  he,  the  said ,  hath  not  received  or  discharged,  and 

that  he  will  not  receive  or  discharge,  any  of  the  goods  or  debts  men- 
tioned in  the  said  account,  or  do  any  act  to  hinder  the  said 

and from  receiving  the  same ;  but  will  permit  the  said 

and to  recover  and  receive  the  same  to  their 

own  use,   without  any   account   therefor   to   be  rendered  to  the   said 

,  and  that  the  said  ,  upon  request,  will  do 

any  reasonable  act  which  may  be  necessary  or  convenient  to  assist  the 
said  .  .  and  .  .  to  recover  and  receive  the  same. 


TEXAS  CIVIL  FORM  BOOK.  413 

And  the  said  and  ,  for  themselves,  do 

covenant  that  they  will  at  all  times  hereafter  pay  and  satisfy  all  the 

creditors  to  whom  the  said standeth  chargeable  or  indebted 

for  and  concerning  all  the  affairs  and  dealings  of  the  above  mentioned 
firm,  and  will  at  all  times  hereafter  indemnify  and  save  harmless  the 

said . . .,  his  heirs,  executors  and  administrators,  from  all  the 

debts  and  liabilities,  and  each  and  every  one  of  them,  of  the  said  firm. 

Witness  our  hands  this  the  .      .*  dav  of  .  ,  A.  D.  19.  . 


R.  S.  Art.  3594  (3453). 


PAWNBROKERS. 

R.  S.  Arts.  3(i3(>-3652  (3494-3510). 

No.  528. 

PAWNBROKER'S  BOND. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  present?,  that  we, as  principal, 

»nd and  ,  as  sureties,  are  held  and  firmly 

bound  unto  the  State  of  Texas,  in  the  sum  of  one  thousand  dollars,  for 
the  payment  of  which  we  hereby  bind  ourselves  and  our  heirs,  executors 
and  administrators,  jointly  and  severally,  by  these  presents. 

Signed  with  our  hands  and  dated  this  ....  day  of ,  A.  D.  19.  . 

The  condition  of  the  above  obligation  is  such  that,  whereas 

•of  said  county  designs  following  the  business  of  a  pawnbroker  in  the 

city  of ,  in  said  county,  for  the  term  of  twelve  months  next 

ensuing  from  the  date  hereof :  Now  therefore  if  the  said  

shall  faithfully  comply  with  each  and  every  requirement  of  the  law 
governing  such  business,  then  this  obligation  to  be  null  and  void,  other- 
wise to  remain  in  full  force  and  effect. 

In  testimony  whereof  witness  onr  hands. 


Principal. 


Approved.  Sureties. 


Clerk  of  County  Court County. 

R.  S.  Art.  3637   (3495). 

Said  bond  must  be  filed  in  the  county  clerk's  office  and  renewed  every 
twelve  months,  if  the  business  is  continued. 


414  TEXAS  CIVIL  FORM  BOOK. 

Each  pawnbroker  shall  keep  a  well  bound  book,  in  which  he  shall 
register  all  his  transactions  as  a  broker  at  the  time  the  same  occurs. 
Such  register  shall  show: 

1.  The  article  of  property  received,  giving  an  accurate  description  of 
the  same. 

2.  From  whom  received. 

3.  The  time  and  amount  for  which  the  article  is  pawned. 

4.  The  probable  value  of  the  articte. 

5.  The  rate  of  interest  agreed  upon. 

6.  The  final  disposition  made  of  such  property,  and  if  sold,  to  whom 
sold  and  the  amount  for  which  each  article  was  sold. 

R.  S.  Art.  3639  (3497). 

Such  book  shall  be  kept  open  for  inspection,  and  the  broker  shall  give 
to  the  party  pledging,  a  ticket  corresponding  to  the  entry  on  the  book 
of  registry. 

R.  S.  Art.  3640  (3498). 

If  said  property  is  not  redeemed  pt  or  before  the  time  agreed  upon,, 
the  broker  is  authorized  to  sell  the  same,  at  public  auction,  to  the  highest 
bidder  for  cash,  at  his  usual  place  of  business,  after  giving  at  least  five 
days'  written  notice  of  such  sale,  by  posting  up  the  same  at  three  public- 
places  in  the  county,  one  of  which  shall  be  at  the  courthouse -thereof . 

R.  S.  Art.  3643  (3501). 


No.  529. 

NOTICE   OF   PAWNBROKER'S   SALE. 

The  State  of  Texas,  County  of 

Will  be  sold  at  public  auction  to  the  highest  bidder  for  cash,  at  my 

place  of  business  No , street,  in  the  city  of ,  in 

County,  Texas,  on  the  first (day  of  the  week)  in 

next,  the  same  being  the  ....  day  of ,  A.  D.  19 .  . ,  the  fol- 
lowing described  personal  property,  to  wit (here  give  an  accu- 
rate description  of  the  article  or  articles),  heretofore  pawned  with  me 

by ;....,  as  security  for  the  payment  of  a  certain  sum  of  money 

by  him  to  me  due  and  owing  and  now  past  due. 

Witness  my  hand  this  ....   day  of ,  A.  D.  19.  . 


R.  S.  Art.  3043  (3501). 

A  copy  of  said  notice  shall  be  filed  in  the  office  of  the  clerk  of  the- 
county  court  of  the  county  where  such  sale  is  made. 

All  sales  made  by  a  pawnbroker  shall  be  made  between  the  hours  of 
10  o'clock  a.  m.  and  4  o'clock  p.  m.,  and  no  sales  shall  be  made  upon 
Sunday  or  upon  a  legal  holiday. 

R.  S.  Art.  3644  (3502). 


TEXAS  CIVIL  FORM  BOOK.  415 

No.  530. 

REPORT  OF  SALE. 

The  State  of  Texas,  County  of To  the  Clerk  of  the  County 

Court  of  said  County: 

The  undersigned,  a  pawnbroker  doing  business  in ,  in  said 

county  of ,  respectfully  represents,  that  after  giving  five  days' 

notice  by  posting  the  same  at  three  public  places  in  said  county,  one  of 
which  was  at  the  courthouse  thereof,  he  exposed  to  sale  between  the 

legal  hours  thereof,  at  public  auction,  on  the  ....  day  ^of ,  A. 

D.   19. .,  at  his  place   of  business  iii ,  in   said   county,  the 

following  described  property,  to  wit (here  accurately  describe 

said  article  or  articles)  heretofore  deposited  with  him  by , 

and  knocked  off  said to ,  at  and  for  the  sum  of 

dollars,  he  being  the  highest  and  best  bidder  therefor;  that  the 

sum  of  money  loaned  by  him  to  the  said ,  for  the  security 

of  which,  he,  the  said ,  deposited  said ,  is 

dollars,  for  the  use  of  which  the  said ( promised  to  pay  the 

undersigned dollars,  together  with  the  principal  sum  of 

dollars,  on  the  ....  day  of ,  A.  D.  19.  . ;  that  the  advertising  cost 

him dollars  and  the  commission  for  auctioning  off  the  same  is 

dollars,  amounting  in  the  aggregate  to dollars,  leaving 

dollars  surplus  due  the  said 


Before  me,  the  undersigned  authority,  on  this  day  in  person  came 

,  whose  name  is  subscribed  to  the  above  and  foregoing 

report,  who  being  duly  sworn  says  that  the  same  as  stated  is  true  and 
correct. 


Sworn  to  and  subscribed  before  me,  this  .  . .  day  of ,  A.  D.  19. . 

R.  S.  Art.  3645  (3503). 

No.  531. 
DEPOSITOR'S  RECEIPT. 

Received  of ,  a  pawnbroker,  doing  business  in , 

in  said  county  of ,  the  sum  of dollars,  surplus  of  the 

proceeds  of  the  sale  of (here  describe  the  property  pawned), 

heretofore,  to  wit,  on  the  ....  day  of ,  A.  D.  19.  .,  by  me  de- 
posited with  him,  the  said ,  for  securing  the  payment  of 

dollars  borrowed  money  due  the  ....  day  of ,  A.  D.  19 . . ; 

said  sum  of dollars  being  the  amount  remaining  after  deducting 


416  TEXAS  CIVIL  FORM  BOOK. 

from  the  proceeds  of  said  sale,  the  principal  sum,  interest  thereon  ac- 
crued, and  the  expenses  incurred.     This  ....  day  of ,  A.  D.  19 . . 


R.  S.  Art.  3647   (3505). 

The  depositor  should  make  demand  for  the  surplus,  if  any,  within 
thirty  days  after  such  sale,  and  if  no  such  demand  be  made,  such  surplus 
shall  become  the  property  of  the  county  where  such  sale  is  made. 

At  the  expiration  of  thirty  days  after  such  sale,  the  surplus  of  the 
proceeds  of  said  sale  made  by  the  broker  shall  be  paid  by  him  to  the 
county  treasure?  of  said  county,  or  the  broker  shall  file  with  such  treas- 
urer the  receipt  of  the  owner  or  depositor  of  the  property  sold. 

R.  S.  Art.  3648  (3506). 


No.  532. 

COUNTY  TREASURER'S  RECEIPT. 

lieceived  of ,  a  pawnbroker  doing  business  in , 

in  said  county  of , dollars,  it  being  the  surplus  of  the 

sale  of  one (here   describe  the   property   pawned),   deposited 

with  him  by for  securing  the  payment  of  money  loaned, 

a  report  of  which  sale  is  on  file  in  the  county  clerk's  office  of  this  counry. 
This  the  .      .  day  of  .  ,  A.  D.  19.. 


County  Treasurer, County,  Texns. 


PENSIONS— STATE. 
No.  533. 

[Form  No.   1.     Amended  Oct.  1,  1902.)    . 

APPLICATION  OF  INDIGENT  SOLDIER   OR  SAILOR  OF  THE  LATE  CON- 
FEDERACY FOR  PENSION  UNDER  THE  ACT  OF  MAY  12,  1899. 

Chapter  CVIII,  Sections  1-14,  26th  Leg.   (1899),  p.  182. 

Note. — The   law  provides  that  pensions   can   begin   only   on   the  first  day   of 
April  and  October  of  each  year. 

The  State  of  Texas,  County  of   To  the  Honorable  County 

Judge  of County,  Texas : 

Your  petitioner,   ,  respectfully  represents  that  he  is  a 

resident  citizen  of County,  in  the  State  of  Texas,  and  that  he 

makes  this  application  for  the  purpose  of  obtaining  a  pension  under  the 
act  passed  by  the  Twenty-sixth  Legislature  of  the  State  of  Texas,  and 
approved  May  12,  A.  D.  1899,  the  same  being  an  act  entitled  "An  act 
to  carry  into  effect  the  amendment  to  the  Constitution  of  the  State  of 
Texas,  providing  that  aid  may  be  granted  to  disabled  and  dependent 


TEXAS  CIVIL  FORM  BOOK.  117 

Confederate  soldiers,  sailors,  and  their  widows  under  certain  conditions, 
and  to  make  an  appropriation  therefor,"  and  I  do  solemnly  swear  that 
the  answers  I  have  given  to  the  following  questions  are  true. 

[Note. — Applicant  must  make  answer  to  all  of  the  following  questions, 
and  such  answers  must  be  written  out  plainly  in  ink.] 

Q.  What  is  your  name  ?     Answer 

Q.  What  is  your  age  ?    Answer 

Q.  In  what  county  do  you  reside  ?     Answer 

Q.  How  long  have  you  resided  in  said  county  and  what  is  your  post- 
office  address  ?  Answer 

Q.  Have  you  applied  for  a  pension  under  the  Confederate  pension 
law  heretofore,  and  been  rejected?  If  so,  state  when  and  where. 
Answer 

Q.  What   is   your  occupation    if   able   to   engage   in   one?     Answer 


Q.  What  is  your  physical  condition  ?     Answer 

Q.  If  your  physical  condition  is  such  that  you  are  unable  by  your 
own  labor  to  earn  a  support,  state  what  caused  such  disability.    Answer 


Q.  In  what  State  was  your  command  originally  organized?     Answer 


Q.  How  long  did  you  serve?  Give  date  of  enlistment  and  discharge. 
Answer 

Q.  What  was  the  name  or  letter  of  your  company  and  name  or  num- 
ber of  your  regiment  ?  Answer 

Q.  State  whether  you  served  in  the  infantry,  artillery,  cavalry,  or 
the  navy  ?  Answer 

Q.  State  whether  or  not  you  have  received  any  pension  or  veteran 
donation  land  certificate  under  any  previous  law,  and  if  you  answer  in 
the  affirmative,  state  what  pension  or  veteran  donation  land  certificate 
you  have  received.  Answer 

Q.  What  real  and  personal  property  do  you  now  own,  and  what  is 
the  present  value  of  such  property?  Give  list  of  such  property  and 
value.  Answer 

Q.  What  property,  and  what  was  the  value  thereof,  have  you  sold  or 
conveyed  within  two  years  prior  to  the  date  of  this  application?  Answer 


Q.  What  estate  has  your  wife  in  her  own  right,  real  and  personal, 
and  what  is  its  value  ?  Answer 

Q.  What  income,  if  any,  do  you  receive  ?     Answer 

Q.  Are  you  in  indigent  circumstances;  that  is,  are  you  in  actual 
want,  and  destitute  of  property  and  means  of  subsistence?  Answer 


Q.  Are  you  unable  by  your  labor  to  earn  a  support  ?    Answer 

Q.  Have  you  transferred  to  others  any  property  of  value  of  any  kind 
for  the  purpose  of  becoming  a  beneficiary  under  this  law?     Answer. 


"Form  Book  —  27. 


418  TEXAS  CIVIL  FORM  BOOK. 

Q.  Did  you  ever  desert  the  Confederacy?     Answer 

Q.  Have  you  been  continuously,  since  the  first  day  of  January,  1880, 
a  bona  fide  resident  citizen  of  this  State  ?  Answer 

Q.  If  you  originally  enlisted  in  the  Confederate  service  from  the 
State  of  Texas,  were  you  at  the  date  of  the  passage  of  this  act  a  bona  fide 
resident  citizen  of  the  State  of  Texas?  Answer 

Wherefore  your  petitioner  prays  that  his  application  for  pension  be 
approved  and  that  such  other  proceedings  be  had  in  the  premises  as  are 
required  by  law. 

(Signature  of  Applicant)    

Sworn  to  and  subscribed  before  me,  this  .  .  .  day  of ,  A.  D.  19.  . 

(Seal.)  

County  Judge, County,  Texas. 

AFFIDAVIT    OF    WITNESSES. 

[Note. —  There  must  be  at  least  two  credible  witnesses.] 

The  State  of  Texas,  County  of 

Before  me,    ,  county  judge  of County,  State 

of  Texas,  on  this  day  personally  appeared and , 

who  are  personally  known  to  me  to  be  credible  citizens,  who  being  by 

me  duly  sworn  on  oath,  state  that  they  personally  know , 

the  above  named  applicant  for  a  pension,  and  that  they  personally  know 

that  the  said is  unable  to  support  himself  by  labor  of 

any  sort.  (Signature   of  Witness) 

(Signature  of  Witness) 

Sworn  to  and  subscribed  before  me,  this  ....  day  of ,  A.  D.  19.  . 

(Seal.)  

County  Judge,   County,  Texas. 

AFFIDAVIT   OF    PHYSICIAN. 

The  State  of  Texas,  County  of : 

Before    me, ,    county   judge    of County,  State 

of  Texas,  on  this  day  personally  appeared ,  who  is  a  repu- 
table practicing  physician  of  this  county,  who,  being  by  me  duly  sworn, 

on  oath,  states  that  he  has  carefully  and  thoroughly  examined  . , 

applicant  for  a  pension,   and  finds  him  laboring  under  the  following 
disabilities  which  render  him  unable  to  labor  at  any  work  or  calling 

sufficient  to  earn  a  support  for  himself 

(Signature  of  Physician) 

Sworn  to  and  subscribed  before  me,  this  ....  day  of ,  19 .. 

County  Judge, County,  State  of  Texas. 


TEXAS  CIVIL  FORM  BOOK.  4X0 

CERTIFICATE    OF    COUNTY    JUDGE. 

The  State  of  Texas,  County  of 

I,  ,  county  judge  of County,  State  of  Texas, 

do  hereby  certify  that  on  the  ....  day  of ,  A.  D.  19. .,  before  me 

came  on  to  be  heard  the  application  of for  a  pension  under 

the  Confederate  pension  law  of  this  State,  approved  May  12,  1899;  that 
the  answers  of  said  applicant  to  the  questions  propounded  were  made 
under  oath  as  the  same  appear  in  writing  in  the  foregoing  application, 
(hat  the  affidavits  of  the  witnesses,  who  are  credible  citizens,  were  made 
before  me  as  the  same  hereinbefore  appear,  and  that  the  foregoing 

affidavit    of    Doctor  .  . .  *. ,    who    is  a  reputable    practicing 

physician  of  this  county,  was  made  before  me.     I  also  certify  that  the 

said  applicant, ,  is  not  an  inmate  of  the  Texas  Confederate 

Home,  nor  otherwise  disqualified  under  the  provision  of  section  12  of  the 
Confederate  pension  law.  I  further  certify  that  after  considering  all 
the  proceedings  had  before  me  relative  to  the  said  application  for  a  pen- 
sion by  the  said ,  I  find  the  said  applicant  is  lawfully 

entitled  to  the  pension  provided  by  the  Confederate  pension  law  of  thi* 
State,  and  I  hereby  approve  said  application. 

Witness    my    hand   and  seal  of  office  at ,    this  ....  day    of 

,  A.  D.  19.. 

(Seal.)  

County  Judge,   County,  State  of  Texas. 

CERTIFICATE    OF    COUNTY    COMMISSIONERS. 

The  State  of  Texas,  County  of 

We,  the  undersigned  members  of  the  commissioners'  court  of 

County,  Texas,  hereby  certify  that  the  foregoing  application  of 

for  a  pension,  together  with  the  proof  in  support  thereof,  was  duly  sub- 
mitted by  Hon ,  county  judge  of  this County, 

to  the  commissioners'  court  of  this County,  at  a  regular  term 

thereof  on  the  ....  day  of ,  A.  D.  19.  .,  and  after  a  careful  con- 
sideration of  the  same  we  find  the  said  applicant  is  lawfully  entitled  to 
the  pension  provided  for  by  the  Confederate  pension  law  of  this  State, 
and  we  hereby  approve  said  application. 

Witness  our  hands  and  seal  of  office  at ,  this  ....  day  of 

,  A.  D.  19.. 


(Seal.)  

(Signature  of  Commissioners.) 


420  TEXAS  CIVIL  FORM  BOOK. 

No.  534. 

(Form  No.  2.) 

APPLICATION   OF  INDIGENT  WIDOW  OF  SOLDIER  OR  SAILOR  OF  THE 
CONFEDERACY  FOR  PENSION  UNDER  THE  ACT  OF  MAY  12,  1899. 

Tne  State  of  Texas,  County  of To  the  Honorable  County 

Ju'.lge  of County,  Texas: 

Your  petitioner,  Mrs ,  respectfully  represents  that  she 

is  a  resident  citizen  of County,  in  the  State  of  Texas;  that  bhe 

is  tlie  widow  of ,  deceased,  who  was  a  Confederate  soldier 

(or  sailor),  and  that  she  makes  this  application  for  the  purpose  of 

obtaining  a  pension  as  the  widow  of  said ,  deceased,  under 

the  act  passed  by  the  Twenty-sixth  Legislature  of  the  State  of  Texas, 
and  approved  May  12,  A.  D.  1899,  the  same  being  an  act  entitled  "  An 
'act  to  carry  into  eifect  the  amendment  to  the  Constitution  of  the  State 
of  Texas,  providing  that  aid  may  be  granted  to  disabled  and  dependent 
Confederate  soldiers,  sailors  and  their  widows  under  certain  conditions, 
and  to  make  an  appropriation  therefor,"  and  I  do  solemnly  swear  that 
the  answers  I  have  given  to  the  following  questions  are  true. 

[Note. — Applicant  must  make  answers  to  all  of  the  following  ques- 
tions, and  such  answers  must  be  written  out  plainly  in  ink.] 

Q.  What  is  your  name?    Answer  ........ 

Q.  What  is  your  age?    Answer 

Q.  In  what  county  do  you  reside?    Answer 

Q.  How  long  have  you  resided  in  said  county  and  what  is  your  post- 
office  address?  Answer 

Q.  Have  you  applied  for  a  pension  under  the  Confederate  pension 
law  heretofore,  and  been  rejected?  If  so,  state  when  and  where. 
Answer 

Q.  What  is  your  occupation  if  able  to  engage  in  one?  Answer 

Q.  What  is  your  physical  condition  ?    Answer 

Q.  What  was  the  name  of  your  deceased  husband?    Answer 

Q.  Were  you  married  to  him  anterior  to  March  1,  1866?  If  so,  on 
what  date  were  you  married  to  him  and  where  ?  Answer 

Q.  What  was  the  date  of  his  death  ?    Answer 

Q.  Are  you  unmarried,  and  have  you  so  remained  unmarried  since 
the  death  of  your  said  husband  for  whose  services  you  claim  a  pension? 
Answer 

Q.  State  in  what  company  and  regiment  your  deceased  husband,  for 
whose  services  you  claim  a  pension,  enlisted  in  the  Confederate  army, 
and  the  time  of  his  service  therein  ?  Answer 

Q.  If  your  deceased  husband  served  in  the  Confederate  navy,  state 
when  and  where,  and  the  time  of  such  service.  Answer 

Q.  State  whether  or  not  you  have  received  any  pension  or  veteran 
donation  and  certificate  under  any  previous  law,  and  if  you  answer  in 
the  affirmative,  state  what  pension  or  veteran  donation  land  certificate 
you  have  so  received.  Answer  ........ 


TEXAS  CIVIL  FORM  BOOK.  421 

Q.  What  real  and  personal  property  do  you  now  own,  and  what  is 
the  present  value  of  such  property?  Give  list  of  such  property  and 
value.  Answer 

Q.  What  property,  and  what  was  the  value  thereof,  have  you  sold 
or  conveyed  within  two  years  prior  to  the  date  of  this  application? 
Answer 

Q.  What  income,  if  any,  do  you  receive?    Answer 

Q.  Are  you  in  indigent  circumstances;  that  is,  are  you  in  actual 
want,  and  destitute  of  property  and  means  of  subsistence?  Answer 


Q.  Are  you  unable  by  your  labor  to  earn  a  support?    Answer 

Q.  Have  you  transferred  to  others  any  property  of  value  of  any  kind 
for  the  purpose  of  becoming  a  beneficiary  under  this  law?     Answer 


Q.  Did  your  deceased  husband,  for  whose  services  you  claim  a  pension, 
ever  desert  the  Confederacy  ?  Answer 

Q.  Have  you  been  continuously  since  the  first  day  of  January,  1880, 
a  bona  fide  resident  citizen  of  this  State?  Answer 

Wherefore  your  petitioner  prays  that  her  application  for  pension  be 
approved  and  that  such  other  proceedings  be  had  in  the  premises  as 
are  required  by  law. 

(Signature   of  Applicant) 

Sworn  to  and  subscribed  before  me,  this  .  . .  day  of ,  A.  D.  19.  . 


County  Judge,   County,  Texas. 

AFFIDAVIT   OF   WITNESSES. 

[Note. —  There  must  be  at  least  two  credible  witnesses.] 

The  State  of  Texas,  County  of 

Before  me,   ,  county  judge  of County,  State 

of  Texas,  on  this  day  personally  appeared and , 

who  are  personally  known  to  me  to  be  credible  citizens,  who,  being  by 
me  duly  sworn,  on  oath,  state  that  they  personally  know  that  Mrs. 

,  applicant  for  a  pension  as  the  widow  of , 

deceased,  is  in  truth  and  fact  the  widow  of  the  said ,  de- 
ceased ;  that  they  personally  know  that  the  said   Mrs , 

widow  of  the  said ,  deceased,  is  unable  to  support  herself 

by  labor  of  any  sort. 

(Signature  of  Witness) 

(Signature  of  Witness) 

(Signature  of  Witness) 

(Signature  of  Witness) 

Sworn  to  and  subscribed  before  me,  this  . . .  day  of ,  A.  D.  19 . . 

(Seal.)  

County  Judge,   County,  Texas. 


•122  TEXAS  CIVIL  FORM  BOOK. 

CERTIFICATE  OF  COUNTY  JUDGE. 
The  State  of  Texas,  County  of : 

I,   ,  county  judge  of County,  State  of  Texas, 

do  hereby  certify  that  on  the  ....  day  of ,  A.  D.  19 .  .,  before  me 

came  on  to  be  heard  the  application  of  Mrs ,  widow  of 

I .  . ,    deceased,    a    pension   under    the    Confederate   pension 

law  of  this  State,  approved  May  12,  A.  D.  1899;  that  the  answers  of 
said  applicant  to  the  questions  propounded  were  made  under  oath  as 
the  same  appear  in  writing  in  the  foregoing  application;  that  the 
affidavits  of  the  witnesses,  who  are  credible  citizens,  were  made  before 
me  as  the  same  hereinbefore  appear.  I  also  certify  that  the  said  ap- 
plicant   .  is  not  disqualified  under  any  of  the  provisions  of 

section  12  of  the  Confederate  pension  law.  I  further  certify  that  after 
considering  all  of  the  proceedings  had  before  me  relative  to  the  said  ap- 
plication for  a  pension  by  the  said  Mrs as  widow  of 

,  deceased,  I  find  the  said  applicant  is  lawfulty  entitled  to 

the  pension  provided  for  by  the  Confederate  pension  law  of  this  State, 
and  I  hereby  approve  said  application. 

Witness  my  hand  and  seal  of  office  at   ,  this   ....   day  of 

,  A.  D.  19.. 

(Seal.)  

County  Judge,   County,  Texas. 

CERTIFICATE    OF    COUNTY    COMMISSIONERS. 

The  State  of  Texas,  County  of 

We,  the  undersigned  members  of  the  commissioners'1  court  of 

County,  Texas,  hereby  certify  that  the  foregoing  application  of  Mrs. 

,  widow  of ,  deceased,  for  a  pension,  together 

with  the  proof  in  support  thereof,  was  duly  submitted  by  Hon. 
,  County  Judge  of  this County,  to  the  commis- 
sioners' court  of  this County,  at  a  regular  term  thereof  on  the 

....  day  of ,  A.  D.  19. .,  and  after  a  careful  consideration  of  the 

same  we  find  the  said  applicant  is  lawfully  entitled  to  the  pension  pro- 
vided for  by  the  Confederate  pension  law  of  this  State,  and  we  hereby 
approve  said  application. 

Witness  our  hands  and  seal  of  office  at ,  this  ....  day  of 

,  A.  D.  19.. 


(Seal.) 

(Signatures  of  Commissioners.) 


TEXAS  CIVIL  FORM;  BOOK. 

INDORSEMENT    ON    SAID  APPLICATION    NO.    2    FOB  COMPTROLLER'S 

USE  EXCLUSIVELY. 

Form  No.  2. — Confederate  Pension  Application. — Name  of  applicant, 

,    County.      Postoffice,    Comptroller's 

file,  No 

I  have  carefully  examined  the  within  application  for  pension,  together 
with  the  proof  in  support  thereof,  and  I  recommend  that  the  application 
be ,  this  ....  day  of ,  A.  D.  19 . . 


Pension  Clerk. 

I  hereby the  within  application  for  pension,  this  ....  day 

of ,  A.  D.  19.. 


Comptroller. 

No  application   rejected   by   county   judge   or   county   commissioners 
should  be  forwarded  to  Comptroller. 


POLL  TAX. 

No.  535. 
POLL  TAX  RECEIPT. 

The  State  of  Texas,  County  of No Poll  Tax  Eeceipts 

for for  A.  D.  19.. 

Received  of on  the  ....  day  of ,  A.  D.  19.  .,  the 

sum  of dollars,  in  payment  of  poll  tax  for  the  year  A.  D.  19 .. 

The  said ,  being  duly  sworn  by  me,  says  that  he  is  .... 

years  old ;  that  he  resides  in  voting  precinct  No.  ...  in County ; 

that  his  race  is :  that  he  has  resided  in  Texas years, 

and  in County years;  that  he  is  by  occupation  ......... 

(If  an  incorporated  city  or  town  a  blank  must  be  provided  for  the  ward, 
street  and  number  of  residence,  and  the  length  of  time  he  has  resided 
in  such  city  or  town.)  All  of  which  I  certify 

(Seal.)  (Signed) 

Tax  Collector, County,  Texas. 

See  Election  Bill  passed  by  the  28th  Leg.,  Reg.  Ses.,     (1903). 


424  TEXAS  CIVIL  FORM  BOOK. 

No.  536. 

CERTIFICATE  OF  EXEMPTION  FROM  POLL  TAX. 

State  of  Texas,  County  of Xo 

1, ,  tax  collector  for County,  Texas,  do  hereby 

certify  that personally  appeared   before  me   on  the  .... 

day    of ,  A.  D.    19..,    and,    being    sworn,    says    his    name  is 

;  that  his  occupation  is ;  that  he  has  resided  in 

Texas  for years;  in County  for ,  and  in  the  city 

of for ;  that  he  now  resides  in  precinct  Xo.  .  . ,  in 

ward  Xo ,  on   street,  and  in  house  Xo ;  that  he  is 

exempt  from  the  payment  of  a  poll  tax  by  reason  of ;  that  he  is 

a  qualified  voter  under  the  Constitution  and  laws  of  Texas. 

(Seal.)  (Signed) 

Tax  Collector, County,  Texas. 

See  Election  Bill  28th  Leg.,  Reg.  Ses.   (1903). 

This  law  applies  to  a  voter  -who  resides  in  a  city  of  10,000  inhabitants 
or  more,  and  must  be  obtained  before  the  first  day  of  February  of  the 
year  in  which  he  offers  to  vote. 


POWERS  OF  ATTORNEY. 

No.  537. 
POWER  OF  ATTORNEY  TO  SUE  FOR  AND  SELL  LAND. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  I, ,  of  the  county 

of  ........  and  State  of  Texas,  have  made,  constituted  and  appointed, 

and  by  these  presents  do  make,  constitute  and  appoint , 

of  the  county  of and  State  of  Texas,  my  true,  sufficient  and 

lawful  attorney,  for  me  and  in  my  name,  place  and  stead,  to  enter  upon 

the  following  tract  of  land,  situated  in County,  Texas,  to  wit : 

(here  describe  the  land)   and  to  demand  possession  of  the 

»ame,  and,  if  necessary,  to  institute  such  suit  or  suits,  as  to  my  said 
attorney  shall  seem  proper,  for  the  recovery  of  the  possession  of  said 
land,  and  to  employ  counsel  to  prosecute  or  assist  in  prosecuting  the 
same,  and  also  my  attorney  in  fact,  for  me  and  in  my  name,  to  bargain 
grant,  sell,  and  convey  to  any  person  or  persons,  and  for  any  sum  of 
money,  or  other  consideration  as  to  him  may  seem  most  to  my  advantage, 
said  above  described  tract  of  land;  to  receive  the  consideration  for  which 
said  land  may  be  sold  and  for  the  same  to  execute  in  my  name  proper 
receipts  and  acquittances,  and  to  make  and  execute  to  the  purchaser  or 
purchasers  thereof  such  deed  or  deeds  or  assurance  of  titles  to  said  tract 
of  land,  with  such  covenants  and  warranties  as  to  my  said  attorney  may 
seem  proper,  giving  and  granting  unto  my  said  attorney  full  power  and 
authority  to  do  and  perform  all  and  every  act  and  thing  whatsoever, 


TEXAS  CIVIL  FORM  Boo^.  425 

requisite  and  necessary  to  be  done  in  and  about  the  premises,  as  fully, 
to  all  intents  and  purposes,  as  I  might  or  could  do  if  personally  present, 
with  full  power  of  substitution  and  revocation,  hereby  ratifying  and 
confirming  all  that  my  said  attorney  or  his  substitute  shall  lawfully  do 
or  cause  to  be  done  in  the  premises  by  virtue  hereof. 
Witness  my  hand  this  ....  day  of ,  A.  D.  19 .  . 


Signed  and  delivered  in  the  presence  of 

[Form  of  acknowledgment  same  as  in  deeds.] 


No.  538. 

POWER  OF  ATTORNEY  TO  TRANSFER  STOCK. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  I,  ,  of  said 

county  and  State,  do  hereby  constitute  and  appoint of 

said  county  of ,  State  of  Texas,  my  lawful  attorney,  with 

authority  for  me  and  in  my  name  and  stead  to  sell,  transfer  and  assign 

all  the  stock  of  the ,  standing  in  my  name  on  the  books  of 

said  company,  and  to  give  such  assurance  of  titles  therefor  as  may  be 
necessary  to  vest  the  same  in  the  purchaser  or  purchasers  thereof,  and 
to  do  such  other  things  as  may  be  required  to  effect  the  premises;  hereby 
ratifying  and  confirming  all  that  my  said  attorney  shall  lawfully  do  by 
virtue  of  these  presents. 

Witness  my  hand  this  ....  day  of ,  A.  D.  19.  . 


The  stock  of  any  corporation  created  under  title  21  shall  be  deemed 
personal  estate;  and  shall  be  transferable  only  on  the  bodies  of  the  cor- 
poration in  such  manner  as  the  by-laws  may  prescribe. 

R.  S.  Art.  666  (590). 

Any  of  the  following  clauses  can  be  inserted  in  Form  No.  537  after 
the  words,  "  in  my  name,  place  and  stead,"  in  conformity  with  the 
power  to  be  conferred: 

To  collect  debts,  etc. :  To  ask,  demand,  recover  and  receive  all  and  any 
sum  or  sums  of  money,  debts,  dues,  property  or  effects,  due,  payable  or 
belonging,  or  which  may  at  any  time  hereafter  be  due,  payable  and  be- 
longing, to  me  from  any  person  or  persons  whatsoever,  and  to  execute 
all  necessary  receipts,  releases  and  discharges  therefor;  giving  and 
granting  unto  my  said  attorney  full  power  and  authority  to  do  and  per- 
form all  and  every  act  and  thing  whatsoever  requisite  and  necessary  to 
be  done  in  and  about  the  premises,  as  fully  to  all  intents  and  purposes 
as  I  might  or  could  do  if  personally  present. 


426  TEXAS  CIVIL  FORM  BOOK. 

To  settle  a  partnership:     To  settle  and  adjust  all  partnership  de- 
mands, accounts  and  claims  now  existing  between  myself  and 

and  to  submit  the  same  to  and  decide  them  by  arbitration,  and  in  all 
matters  appertaining  to  the  settlement  and  adjustment  of  the  affairs 
of*  said  partnership,  in  all  respects  to  do  and  act  as  by  him  shall  be 
deemed  best;  giving  and  granting  unto  my  said  attorney  full  power 
and  authority  to  do  and  perform  all  and  every  act  and  thing  whatsoever 
requisite  and  necessary  to  be  done  in  and  about  the  premises,  as  fully  to 
all  intents  and  purposes  as  I  might  or  could  do  if  personally  present. 


No.  539. 

POWER   OF   ATTORNEY   AND   TRANSFER   OF   WAGES. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  I,  ,  of  the  State 

and  county  aforesaid,  for  and  in  consideration  of  the  sum  of 

dollars,  to  me  paid  by ,  the  receipt  of  which  is  hereby 

acknowledged  and  confessed,  have  granted,  sold  and  assigned,  and  do 

hereby  grant,  sell  and  assign  to of County,  Texas, 

my  account,  claim  and  demand  against ,  for  my  wages  for 

personal  service  rendered  as at ,  in  the  month  of 

, ,  A.  D.  19.. 

And  I  hereby  authorize  said to  receive  said  wages  and 

receipt  for  same  in  my  name,  and  I  also  authorize  and  direct  the  said 

to  pay  the  same  and  to  deliver  my  check  therefor  to  said 

as  their  own  property.  And  said shall  and 

are  fully  authorized  to  indorse  my  check  in  my  name  for  the  purpose  of 
realizing  the  money  thereon. 

Witness  my  hand  this  ....  day  of ,  A.  D.  19 .. 


Witnesses : 

[Acknowledgment  same  as  given  in  deeds.] 


No.  540. 
POWER  TO  VOTE  BY  PROXY. 


The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  I, ,  of  said  county 

and  State,  do  hereby  constitute  and  appoint ,  of  the  city 

of ,  my  agent  and  attorney  for  me,  and  in  my  name,  place  and 


TEXAS  CIVIL  FORM  BOOK. 

stead  to  vote  as  my  proxy  at  any  election  for ,  held,  etc.,  accord- 
ing to  the  number  of  votes  I  should  be  entitled  to  if  there  personally 
present. 

Witness  my  hand  this  ....  day  of ,  A.  D.  19.  . 


No.  541. 
APPOINTMENT   OF  ATTORNEY   BY  SUBSTITUTION. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  whereas,  by  a  power  of  attorney, 
dated  oti  the  ....  day  of ,  A.  D.  19. .,  hereto  annexed  (or  re- 
corded in  book  . . . .,  on  page  . . . .,  county  clerk's  office  of 

County,  Texas),  did  authorize,  constitute  and  appoint 

to  (here  state  the  authority  granted  by  said  power  of  at- 
torney) : 

Now  therefore  by  virtue  of  the  power  and  authority  to  me  given  by 

the  before  recited  power  of  attorney,  I,  the  said ,  do 

by  these  presents,  make,  appoint  and  substitute to  be  the 

true  and  lawful  attorney  of  the  said ,  the  constituent 

named  in  the  aforenamed  power  of  attorney,  to  do,  execute  and  perform 
all  such  acts,  deeds,  matters  and  things  as  shall  be  necessary  to  be  done 
in  order  to  effect  the  purposes  and  objects  in  said  power  of  attorney 
contained,  as  fully  and  as  effectually,  to  all  intents  and  purposes,  as  I 
myself  might  or  could  do  by  virtue  of  the  power  and  authority  afore- 
said, if  myself  personally  present,  hereby  ratifying  and  confirming 
whatsoever  my  said  substitute  may  lawfully  do  by  virtue  hereof. 

Witness  my  hand  this  ....  day  of ,  A.  D.  19. . 


Signed  and  delivered  in  the  presence  of 


Witnesses. 
[Form  of  acknowledgment  same  as  given  in  deeds.] 


No.  542. 

CONTRACT  WITH  ATTORNEY  WITH  ASSIGNMENT  OF  INTEREST  IN 

CLAIM. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  I,  ,  of 

County,  Texas,  have  employed ,  of  said  county  and  State, 

as  my  attorney  to  represent  me  and  prosecute  to  settlement  or  judgment 
a  certain  claim  I  have  and  hold  against  the ,  for  personal 


428  TEXAS  CIVIL  FORM  BOOK. 

injuries  received  by  me  on  the  ....  day  of ,  A.  D.  19.  .,  by 

(here  state  the  nature  of  the  injury,  etc.).  I  hereby  fully  authorize  and 
empower  my  said  attorney  to  bring  suit  on  said  claim,  if  necessary,  and 
to  prosecute  fhe  same  to  final  judgment,  and  to  compromise  and  settle- 
said  claim  with  or  without  suit,  in  any  way  or  manner  that  he  may 
deem  best  or  advisable,  and  to  sign  my  name  to  any  and  all  papers  that 
may  be  necessary  to  be  executed  for  the  purpose  of  settling  and  coin- 
promising  said  claim.  For  and  in  consideration  of  the  services  ren- 
dered for  me  by  my  said  attorney,  ,  and  the  further 

services  to  be  rendered  herein  by  him  for  me,  I  hereby  agree  and  obligate 

myself  to  give  and  allow  him,  as  his  compensation  herein,  of 

all  that  he  may  recover  herein,  whether  in  money  or  kind,  by  suit,  com- 
promise or  otherwise,  and  I  hereby  sell,  transfer,  assign  and  convey  to 

my  said  attorney,   ,  a undivided  interest  in  and 

to  my  said  claim  against  said ,  whether  the  same  is  settled 

with  or  without  suit,  and  to  any  judgment  or  judgments  that  I  may 

obtain  or  that  may  be  rendered  in  my  favor  against  the  said 

on  said  claim  in  this  suit  or  in  any  other  suit  or  suits  that  may  here- 
after be  brought  on  said  claim,  to  have  and  to  hold  the  same  as  his  own 
property  unconditionally.  I  do  hereby  specially  authorize  my  said 
attorney  to  release  the  said  .  ., in  my  name,  and  to  fully  dis- 
charge   from  further  liability,  upon  receipt  of  the  amount 

of  money  he  and  the  said may  agree  upon,  and  to  do  any 

and  all  such  other  things  in  the  premises  that  I  might  lawfully  do,  or 
that  may  become  necessary  to  adjust  or  settle  said  claim.  And  I  hereby 
ratify  and  confirm  all  such  lawful  acts  that  my  said  attorney  may  do  or 
cause  to  be  done  in  the  premises  by  virtue  hereof. 

Witness  my  hand  this  the  ....  day  of ,  A.  D.  19.  . 


[Acknowledgment  same  as  given  in  deed.] 
R.  S.  Art.  4647. 

f 
If  suit  is  brought  said  contract  should  be  filed  among  the  papers  in 

said  cause,  and  the  clerk  shall  make  a  minute  of  such  transfer  on  the 
court  trial  docket  where  the  suit  is  entered,  giving  briefly  the  substance 
thereof.  In  the  sale  of  a  judgment  or  any  part  thereof,  the  clerk  shall 
make  a  minute  of  such  transfer  on  the  margin  of  the  minute  book  of 
said  court  where  said  judgment  is  recorded. 

R.  S.  Art.  4647. 

R.  S.  Art.  3353a,  1895.  Railway  Co.  v.  Miller,  53  S.  W.  R.  709;  60  S.  W. 
R.  259. 


TEXAS  CIVIL  FORM  BOOK.  -129 

No.  543. 

REVOCATION  OF  POWER  OF  ATTORNEY. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  I, ,  have  revoked, 

and  by  these  presents  do  revoke,  recall  and  make  void,  a  certain  power  of 

attorney,  bearing  date  on  the  ....  day  of ,  A.  D.  19. .,  executed 

by  me,  and  appointing my  attorney,  in  my  name  and  for 

my  use  to (here  give  the  power  set  forth  in  the  power  of  attorney;. 

Witness  my  hand  this  the  ....  day  of ,  A.  D.  19. . 


Signed  and  delivered  in  the  presence  of 

Witnesses. 
[Acknowledgment  same  as  given  in  deeds.] 


PROMISSORY  NOTES,  ORDERS,  ETC. 

No.  544. 

PROMISSORY  NOTE. 
$ ,  Texas, ,  19. . 

On  the  ....  day  of ,  A.  D.  19. .,  I  (or  we,  as  the  case  may  be) 

promise  to  pay  to  the  order  of , dollars  at  the  office 

of ,  ,   County,  Texas,  with  interest  at 

the  rate  of  ....  per  cent  per  annum  from  date,  together  with  ten  per 
cent  for  collection  fees,  if  suit  is  brought  on  this  note,  or  if  it  is  placed 
in  the  hands  of  an  attorney  for  collection  or  collected  through  the 
probate  court.  Interest  payable  annually,  and  defaulting  interest  to 
draw  the  same  fate  of  interest  as  principal.  Value  received. 


P.  0. 
Xo. 


If  note  is  secured  by  lien  on  personal  property,  then  add  to  above  note : 
"  This  note  is  secured  by  a  lien  on  the  following  described  personal  prop- 
erty, situated  in County,  Texas,  to  wit " (here  describe 

the  property).     If  separate  instrument  is  executed,  then  state,  "  This 
note  is  secured  by  a  mortgage  lien  in  writing  this  day  executed  and 

delivered  by  the  said to ,  on  the  following 

described  personal  property,  situated  in County,  Texas,  to  wit  '* 

(here  describe  the  property). 


430  TEXAS  CIVIL  FORM  BOOK. 

The  mortgage  lien  note  or  mortgage  should  be  filed  with  the  county 
clerk  of  the  county  where  said  property  is  situated  in  order  to  protect  the 
holder  of  said  note  against  an  innocent  purchaser. 

R.  S.  Arts.  3328,  4051  (1895),  amended  by  26th  Leg.,  Reg.  Sea.    (1897),  p.  209. 


No.  545. 

VENDOR'S  LIEN  NOTE. 
$ ,  Texas, ,  19.. 

On ,  19 .  .,  promise  to  pay  to  the  order  of 

the  sum  of  ....  dollars,  for  value  received,  with  interest 

at  the  rate  of  ....  per  cent  per  annum  from hereof  until  paid. 

Interest  hereon  payable  annually,  and  defaulting  interest  to  draw  the 
same  rate  of  interest  as  principal.  Both  principal  and  interest  payable 
at 

Failure  to  pay  this  note  or  any  installment  of  interest  thereon  when 
due  shall,  at  the  option  of  the  holder,  mature  this  note  and  all  other 

notes  given  this  day  by to  said in  payment 

for  the  property  hereinafter  mentioned,  and  hereof  may  the  holder  in 
such  event  proceed  to  collect  the  same  in  the  same  manner  as  if  the  full 
time  provided  in  said  notes  had  expired. 

This  note  is  given  in  part  payment  of  the  purchase  money  for  (here 

describe  the  property ),  this  day  deeded  to '. by 

by  deed  in  writing  bearing  even  date  herewith  and  for  the 

payment  hereof,  together  with  all  interest  hereon,  according  to  the  tenor 
and  reading  hereof,  a  vendor's  lien  is  hereby  acknowledged,  and  to 
further  secure  and  enforce  the  payment  hereof,  ....  have  this  day  exe- 
cuted a  deed  of  trust  upon  the  premises  herein  and  in  said  deed 
described.  In  case  this  note  is  placed  in  the  hands  of  an  attorney  for 
collection  ....  promise  to  pay  ten  per  cent  additional  on  the  amount  of 
principal  and  interest  then  due  as  attorney's  fees. 


No.  546. 

DEED  OF  TRUST  LIEN  NOTE. 

,  Texas, ,  19. 


On  the  ....  day  of ,  A.  I).  19.  .,  I  (or  we)  promise  to  pay  to 

the  order  of the  sum  of dollars,  for  value  received, 

with  interest  at  the  rate  of  ....  per  cent  per  annum  from hereof 


TEXAS  CIVIL  FORM  BOOK.  431 

until  paid.  Interest  hereon  payable  annually,  and  defaulting  interest 
to  draw  the  same  rate  of  interest  as  principal.  Both  principal  and  in- 
terest payable  at ,  Texas. 

Failure  to  pay  this  note  or  any  installment  of  interest  thereon  when 
due  shall,  at  the  option  of  the  holder,  mature  this  note  and  all  other 

notes  given  this  day  by to  said secured  by  a 

deed  of  trust  on  the  property  hereinafter  mentioned,  and  hereof  may  the 
holder  in  such  event  proceed  to  collect  the  same  in  the  same  manner  as 
if  the  full  time  provided  in  said  notes  had  expired. 

This  note  is  secured  by  a  deed  of  trust  on  the  following  described 

property (here  describe  the  property),  this  day  executed  and 

delivered  by to ,  as  trustee,  for  the  use  and 

benefit  of to  secure  and  enforce  the  payment  of  this  note 

and  all  other  notes  this  day  executed  and  in  said  deed  of  trust  mentioned 
and  described.  In  case  this  note  is  placed  in  the  hands  of  an  attorney 
for  collection  I  promise  to  pay  ....  per  cent  additional  on  the  amount  of 
principal  and  interest  then  due  as  attorney's  fees. 


No.  547. 
DUE  BILL. 


Due ,  or  bearer,  the  sum  of dollars,  for  value 

received,  with  interest  thereon  at  the  rate  of  ....  per  cent  pr  annum. 
, ,  A.  D.  19.. 


No.  548. 
ORDER  FOR  MONEY. 

,  Texas,  ,  A.  D.  19.. 

will  please  pay  on  demand  to or  order,  the 


gum  of dollars,  and  charge  the  same  to  my  account. 


No.  549. 
RECEIPT  OF  INTEREST  TO  BE  INDORSED  ON  NOTE. 

Received  of ,   dollars,  the  annual  interest  due  on 

the  within  note  for  the  year  from ,  A.  D.  19. .,  to , 

A.  D.  19..    This ,  A.  D.  19.. 


432  TEXAS  CIVIL  FORM  BOOK. 

No.  550. 

CHECK  ON  BANK. 

Bank :  ,  Texas,  A.  D.  19 , 

Pay  to or  bearer  (or  order), dollars. 


No.  551. 
CUSTOMER'S  DRAFT. 

Bank:  ,  Texas,    ,19..      No 

:     Pay  to  the  order  of ($ ) 


dollars,  with  exchange,  and  charge  the  account  of 

To  . 


No.  552. 
PROTEST  OF  PROMISSORY  NOTE  FOR  NONPAYMENT. 

(Here  insert  copy  of  note  with  name  of  indorser.) 

The  State  of  Texas,  County  of 

Be  it  remembered  that  I,  ,  a  notary  public  in  and  for 

said  county  and  State,  having  my  office  at ,  Texas,  this  day  at 

the  request  of ,  the  holder  of  a  certain  promissory  note,  a 

true  copy  whereof  is  hereto  attached,  presented  said  note  during  the 

usual  hours  for  such  business  to ,  the  payer  (or  person  in 

attendance),  at  the  place  of  business  (or  residence,  if  there  be  no  place 

of  business),  of ,  and  demanded  payment  for  the  same,  to 

which  he  answered  (here  state  the  answer),  and  failed  to  pay  the  same. 

Whereupon  I, ,  the  said  notary  public,  at  the  request  of 

the  said ,  as  aforesaid,  do  hereby  solemnly  protest  against 

the  maker  of  said  note,  the  indorser  and  all  others  therein  concerned  for 
the  debt  and  interest  and  for  all  exchanges  incident  hereto,  and  for  all 
costs  and  damages,  which  are  now,  or  may  hereafter  be,  incurred  or  sus- 
tained by  reason^ of  the  nonpayment  of  said  note,  whereof  I  have  duly 

notified ,  indorser  of  said  note,  on  the  day  and  date  hereof, 

by  depositing  a  notice  of  the  same  in  the  postoffice  in ,  in  said 

county,  duly  stamped  and  directed  to  the  said  indorser  at  the  city  of 
,  in  said  State,  his  place  of  residence. 


TEXAS  CIVIL  FORM  BOOK.  133 

To  all  of  which  I  hereby  certify,  under  my  hand  and  seal  of  office,  at 

my  office,  in ,  in  said  county,  this  the  ....  day  of , 

A.  D.  19.. 

(Seal.)  

Notary  Public,  County,  Texa«. 

K.  S.  Arts.  315-316   (273-274). 

NOTICE    OF    PROTEST    TO    INDORSER. 

,  Texas, ,  19.  . 

To , ,  Texas: 

Please  take  notice,  that  a  promissory  note  executed  by , 

in  favor  of ,  for  the  sum  of  ....  dollars,  dated ,  A.  D. 

19.  .,  indorsed  by ,  due  and  payable  on  the  ....  day  of 

,  A.  D.  19. .,  at ,  Texas,  was  this  day  protested  by  me, 

after  due  demand,  for  nonpayment,  and  the  holder  thereof  will  look  to 
you  for  payment  of  the  same,  of  which  you  hereby  have  notice. 

Given  under  my  hand  and  notarial  seal,  at  my  office  in  the  city  of 
,  Texas,  on  the  day  and  date  above  written. 


Notary  Public, County,  Texas. 

NOTICE   OF    PROTEST    FOR    XONACCEPTANCE. 

The  State  of  Texas,  County  of 

,  Texas, day  of ,  A.  D.  19 . . 

To , ,  Texas: 

This  is  to  notify  you  that  a  draft  dated  the  ....  day  of ,  A.  D 

19..,  drawn  by ,  for  the  sum  of dollars,  payable 

after  date  to  order  of ,  indorsed  by  (here  name 

indorsers),  being  duly  presented  for  acceptance,  and  refused,  has  been  by 

me  duly  protested  for  nonacceptance,  and  at  the  request  of , 

the  holder  thereof,  I  hereby  notify  you  by  (here  state  manner  of  notice) 
that  you  will  be  held  for  payment  of  same,  together  with  all  exchange, 
re-exchange,  costs,  charges,  damages  and  interest. 


Notary  Public,   County,  Texa?. 


Form  Book  — 28. 


434  TEXAS  CIVIL  FORM  BOOK. 

PUBLIC  ROADS. 

No.  553. 
PETITION  FOR  LAYING  OUT   A  PUBLIC  ROAD. 

The  State  of  Texas,  County  of To  the  Honorable  Commis- 

missioners'  Court  of  said  County : 

The  undersigned  freeholders  in  precinct  No ,  in  said  county,  rep- 
resent that  for  the  convenience  of  themselves  and  of  the  public  generally 

they  desire  a  new  public  road  to  be  opened,  beginning  at and 

terminating  at 

Wherefore  they  pray  for  the  appointment  of  a  jury  of  view  to  lay  out 
and  mark  said  road,  and  that  the  same  be  opened  and  established  as  a 
public  road.  This  ....  day  of ,  A.  D.  19 .  . 


And  others. 

All  applications  for  a  new  road,  and  all  applications  to  discontinue 
an  existing  one,  shall  be  by  petition  to  the  commissioners'  court,  signed 
by  at  least  eight  freeholders  in  the  precinct  or  precincts  in  which  such 
road  is  desired  to  be  made  or  discontinued,  specifying  in  such  petition 
the  beginning  and  termination  of  such  road  proposed  to  be  opened  or 
discontinued;  provided,  that  where  one  or  more  persons  live  within  an 
inclosure,  either  or  all  of  them  may  petition  the  commissioners'  court 
for  a  third-class  road  or  neighborhood  road  to  their  nearest  trading 
points,  mills,  gins,  school  and  church  houses  and  county  seats. 

R.  S.  1895,  Art.  4687. 


No.  554. 

NOTICE  OF  APPLICATION. 

The  State  of  Texas,  County  of 

Notice  is  hereby  given  that  application  will  be  made  to  the  commis- 
sioners' court  of  said  county  at  its  next  term,  to  be  holden  at  the  court- 
house thereof  on  the  ....  day  of ,  A.  D.  19.  .,  for  the  view  and 

establishment  of  a  new  road  beginning  at and  terminating  at 

Dated  the  ....  day  of ,  A.  D.  19 .  . 


For  himself  and  seven  others. 

Said  notice  must  be  signed  by  the  persons  making  application  for  said 
road,  or  by  some  one  of  them,  and  must  be  posted  at  the  courthouse  door 
and  at  two  other  public  places  in  the  vicinity  of  the  route  of  the  pro- 
posed new  road,  for  at  least  twenty  days  before  the  commencement  of 
the  term  of  court  at  which  the  application  will  be  acted  on. 

R.  S.  1895,  Art.  4686   (4365). 


TEXAS  CIVIL  FORM  BooS.  435 

No.  555. 

ORDER  FOR  APPOINTMENT  OF  A  JURY  OF  VIEW. 

On  this  the  ....  day  of ,  A.  D.  19.  .,  came  on  to  be  heard  the 

application  of and  seven  others,  freeholders  of  road  pre- 
cinct No ,  for  a  new  road  beginning  at and  terminating 

at ,  and  it  appearing  that  notice  of  said  application  has  been 

given  as  required  by  law,  it  is  ordered  that (here  name  five 

persons  freeholders  of  the  county)  be  and  are  hereby  appointed  a  jury 
of  view,  a  majority  of  whom  may  proceed,  with  the  county  surveyor,  to 
lay  out,  survey  and  describe  said  road,  to  the  greatest  advantage  to  the 
public,  and  so  that  the  same  can  be  traced  with  certainty,  and  make 
report  of  their  proceedings  to  the  next  term  of  this  court,  including  in 
said  report  the  field  notes  of  said  survey  and  description  of  said  road. 
R.  S.  Art.  4688  (4367). 


No.  556. 

OATH  OF  JUROR. 

I, ,  do  solemnly  swear  that  I  will  lay  out  the  road  now 

directed  to  be  laid  out  by  the  order  to  us  directed  from  the  commission- 
ers' court,  according  to  law,  without  favor  or  affection,  malice  or  hatred, 
to  the  best  of  my  skill  and  knowledge,  so  help  me  God. 


Sworn  to  and  subscribed  before  me,  this  the  ....   dav  of 
A.  D.  19.. 


R.  S.  Art.  4689  (4368). 


No.  557. 

NOTICE  TO  LANDOWNERS. 

To    ,    and    ,   residing  in  the 

County  of : 

You  are  hereby  notified  that  the  undersigned  jury  of  freeholders, 
acting  under  and  by  virtue  of  an  order  of  the  commissioners'  court  of 

County,  will  on  the  ....  day  of ,  A.  D.  19. .,  proceed 

to  lay  out  and  survey  a  road  commencing  at and  terminating 

at ,  in  said  county,  and  which  may  run  through  certain  lands 

owned  by  you,  and  will  at  the  same  time  assess  the  damages  incidental 


436  TEXAS  CIVIL  FORM  BOOK. 

to  the  opening  of  said  road,  when  you  may  present  to  us  a  statement  in 
writing  of  the  damages,  if  any,  claimed  by  you. 

Witness  our  hands  this  ....  day  of ,  A.  D.  19 . . 


R.  S.  Art.  4691. 

•-*- 


No.  558. 
OFFICER'S  RETURN. 

Came  to  hand  on  the  ....  day  of ,  A.  D.  19 .  .,  at  ....  o'clock 

.  .   m.,  and  executed  on  the  same  day,  by  delivering  in  person  to  the 

within  named   ,   and  ,  at 

,  in County,  Texas,  each  a  true  copy  of  the  within 

notice.    The  distance  actually  traveled  in  the  execution  of  such  process 
is  .          .  miles. 


RETURN    WHEN    SERVICE   IS    MADE   BY   PUBLICATION   ON    A   NONRESIDENT. 

Came  to  hand  on  the  ....  day  of ,  A.  D.  19. .,  at  . . . .  o'clock 

.  .  in.,  and  executed  by  publication  of  the  same  in  the , 

a  newspaper  published  at ,  in  said  county  of (or  a 

newspaper  published  in  the  county  of ,  being  the  nearest  county 

in  the judicial  district  in  which  a  newspaper  is  published,  there 

being  no  newspaper  published  in  the  said  county  of ),  for  four 

successive  weeks,  said  publication  being  made  on  the  . . .  . ,  . . . . ,  .... 
and  ....  days  of ,  A.  D.  19 . . ,  and  a  printed  copy  of  said  publica- 
tion accompanies  this  return.  The  distance  actually  traveled  in  the 
execution  of  such  process  is  ....  miles. 


R.  S.  Art.  4691. 


No.  559. 

REPORT  OF  JURY  OF  VIEW. 
To  the  Honorable  Commissioners'  Court  of County : 

The  undersigned  jurors,  acting  under  the  order  of  this  court  made 

on  the  ....  day  of ,  A.  D.  19. .,  and  after  being  duly  sworn,  did, 

on  the  ....  day  of ,  A.  D.  19. .,  together  with , 

Bounty  surveyor,  proceed  to  lay  out  and  survey  a  road,  beginning  at 

and  terminating  at ;  and  at  the  same  time  proceeded 

to  assess  the  damages  incidental  to  the  opening  of  said  road,  after  having 


TEXAS  CIVIL  FORM  BOOK.  437 

given  notice  in  writing  to  the  landowners  through  whose  land  said  road 
runs,  said  notice  and  the  return  of  service  thereof  being  herewith  re- 
turned as  a  part  of  this  report. 

The  field  notes  of  said  survey  and  description  of  said  road  are  as 
follows (here  set  out  same  in  full).. 

And ,  and ,  owners  of  land 

through  which  said  road  runs,  having  presented  to  us  statements  of  the 
damages  claimed  by  them  respectively,  which  are  returned  with  this 

report,  we  assessed  their  damages  as  follows  (here  state  the 

amount  of  damages  assessed  to  each).  All  of  which  is  respectfully  sub- 
mitted for  the  further  orders  of  this  court. 


R.  S.  Art.  4690  (4369). 

Said  jurors  shall  make  their  report  in  writing  to  the  next  regular 
term  of  the  commissioners'  court.  If  notice  is  given  by  publication,  the 
road  may  be  established  after  four  weeks'  publication. 

R.  S.  Art.  4691. 


No.  560. 

CONSENT  OF  LANDOWNERS. 

The  State  of  Texas,  County  of 

We,  the  undersigned  owners  of  the  land  through  which  the  proposed 
road,  as  set  forth  in  the  within  report,  will  run,  hereby  consent  that  the 
same  shall  be  opened  as  therein  laid  out,  and  we  hereby  waive  all  right* 
we  may  have  under  the  Constitution  and  laws  of  the  State. 

Given  under  our  hands  this  ....  day  of ,  A.  D.  19 .  . 


Witnesses : 


No.  561. 
ORDER  ESTABLISHING  A  ROAD. 

On  this  the day  of ,  A.  D.  19. .,  came  on  to  be  hean 

the  report  of  the  jury  of  view  appointed  to  lay  out  and  survey  a  roat 

beginning  at and  terminating  at ,  it  is  ordered 

that  the  same  be  approved ;  that  said  road  is  hereby  established,  and  the 
field  notes  of  said  survey  and  description  of  said  road  be  recorded  in  the 
minutes  of  this  court. 


438  TEXAS  CIVIL  FORM  BOOK. 

,  It  is  further  ordered  that  there  be  allowed  and  paid  as  damages,  and 
as  adequate  compensation  for  the  land  taken  for  said  road,  the  amount 

of  money  as  follows :  To  ,  $......;  to , 

$ And  that  said  sums  be  paid  to  said  parties  respectively  or  be 

deposited  to  their  credit  with  the  county  treasurer  of  this  county. 

•  It  is  further  ordered  that  said  said  new  road  be  and  is  hereby  classified 

as  a  road  of  the class ;  that  so  much  of  said  new  road  as  lies 

within  road  precinct  No shall  constitute  a  part  of  said  precinct, 

and  that  the  overseers  of  roads  .within  said  precincts  cause  said  new 
road,  so  far  as  the  same  is  within  their  respective  precincts,  to  be  opened 
.and  worked. 

R.  S.  Art.  4693  (4372). 

If  the  owner  or  owners  of  said  land  are  not  satisfied  with  the  assess- 
ment of  damages  by  the  commissioners'  court,  he  or  they  may  appeal 
therefrom  as  in  cases  of  appeal  from  judgment  of  justice's  court,  but 
such  appeal  shall  not  prevent  the  road  from  being  opened,  but  shall  be 
only  to  fix  the  amount  of  damages. 

When  juries  of  view  are  appointed  it  shall  be  the  duty  of  the  clerk  of 
the  court  to  make  out  copies  of  the  order  appointing  them  in  duplicate, 
and  to  deliver  such  copies  to  the  sheriff  of  the  county  within  ten  days 
after  such  order  of  appointment  was  made,  indorsing  on  such  copies  the 
date  of  such  order. 
R.  S.  Art.  4697  (4376). 

Service  shall  be  made  by  the  sheriff  by  delivering  to  each  of  said 
jurors  in  person  a  copy  of  said  order,  or  by  leaving  one  of  said  copies  at 
the  usual  place  of  abode  of  such  juror. 
R.  S.  Art.  4698   (4377). 

Appellate  jurisdiction  from  county  commissioners'  courts  in  assess- 
ment of  damages  in  laying  out  public  roads: 

An  appeal  from  damages  assessed  by  the  commissioners'  court  in 
laying  out  a  public  road  from  the  county  seat  as  provided  for  in  the 
Revised  Statutes  of  1895,  article  4674,  is  made  to  the  district  court. 
The  party  appealing  shall  give  a  bond  in  a  sufficient  amount  to  cover 
all  costs. 

R.  S.  Art.  4677. 

Appeal  from  the  assessment  of  damages  by  the  commissioners'  court  in 
laying  out  county  roads  under  Act  of  February  5,  1884,  articles  4687 
and  4693  (4372),  shall  be  made  to  the  county  court  as  in  cases  of  appeal 
from  judgment  of  justice's  court,  but  such  appeal  shall  not  prevent  the 
road  from  being  opened,  but  shall  be  only  to  fix  the  amount  of  damages. 
The  owner  of  any  land  may,  at  the  time  stated  in  the  notice  given  him 
by  the  jury  of  freeholders  as  provided  in  article  4691,  or  previously 
thereto,  present  to  the  jury  a  statement  in  writing  of  the  damages 
claimed  by  him,  if  any,  incidental  to  the  opening  of  such  road.  If  no 
claim  of  damages  is  filed  with  such  jury  after  such  notice  as  provided 
for  in  said  article  the  same  shall  be  considered  as  waived. 


TEXAS  CIVIL  FORM  BOOK.  439 

No.  562. 

OVERSEER'S  APPOINTMENT. 

The  State  of  Texas,  County  of Commissioners'  Court  of  said 

County,   Term,  A.  D.  19. . 

To ,  of  Road  Precinct  No ,  in  said  County : 

It  appearing  to  the  court  that  you  are  subject  to  road  duty  in  your 

*aid  precinct,  the  boundaries  whereof  are  as  follows,  to  wit  

(here  give  the  boundaries)  :   You  are  therefore  for  the  term  of  one  year 

from  the  ....  day  of ,  A.  D.  19  .  .,  duly  appointed  by  the  court 

overseer  of  said  precinct,  and  hereby  required  under  the  penalty  of  the 
law  to  keep  the  roads  therein  in  good  and  passable  condition  during 
the  term  of  your  said  appointment ;  and  to  enable  you  to  discharge  your 

said  duties  the  following  hands,  to  wit,   ,   , 

etc.,  to  you  have  been  assigned  and  made  subject  to  your  commands  as 
overseer  aforesaid,  whose  disobedience  thereto  you  are  required  to  report 
to  the  county  attorney,  and  also  a  true  report  to  make  as  required  by  law 

to  said  court,  at  the  regular  term  thereof  to  be  held  in next. 

I,    , . ,  clerk  of  the  county  court  of  said  county,  hereby 

certify  that  the  foregoing  is  a  true  copy  of  the  original  order  as  it 
appears  in  the  minutes  of  said  court. 

Given  under  my  hand  and  the  seal  of  said  court  hereon  impressed  at 

office  in ,  said  county,  this  ....  day  of ,  A.  D.  19  . . 

(Seal.)  

Clerk  County  Court, County. 

R.  S.  Arts.  4717-4720. 

The  clerk  of  said  court  shall  make  out  copies  of  said  orders  appointing 
overseers  of  roads  in  duplicate,  and  deliver  the  same  to  the  sheriff  of  the 
county  within  ten  days  after  any  such  order  shall  have  been  made,  in- 
dorsing on  such  copies  the  date  of  the  orders  of  appointment.  The  sheriff 
shall,  within  twenty  days  after  the  reception  of  said  copies,  deliver  to 
or  leave  at  the  usual  place  of  abode  of  such  overseer  one  of  such  copies, 
and  shalj  return  the  duplicate  of  such  copy  to  the  clerk  of  the  county 
court,  indorsing  thereon  the  date  and  manner  of  service,  and  if  not 
served,  the  cause  of  his  failure  to  serve  the  same. 
R.  S.  Art.  4722  (4397). 


No.  563. 

NOTICE  TO  ROAD  HANDS. 

The  State  of  Texas,  County  of To ,  of  Road 

Precinct  No County : 

You  are  hereby  required  to  be  and  appear  at in  said  pre- 
cinct, by  .  .  o'clock  a.  m.,  on  the  ....  day  of ,   A.   D.   19  .  ., 


440  TEXAS  CIVIL  FORM  BOOK. 

with  an  ax,  pick,  hoe  or  spade,  then  and  there  to  enter  ifpon  the  per- 
formance of  your  duty  as  road  hand  of  said  precinct,  and  the  same  to 

continue    from   day    to    day    for successive   days,    if   required. 

This  ....  day  of /A.  D.  19  .  . 


Overseer. 
R.  S.  Art.  4740  (4415). 


No.  564. 
OVERSEER'S  RECEIPT. 


The  State  of  Texas,  County  of 

Eeceipt  of , dollars,  in  satisfaction  for 

days'  work,  to  wit (here  give  the  days  of  the  month),  dayt 

of ,  A.  D.  19.  .,  required  of  him  in  road    precinct  No 

of  said  county.     This  ....  day  of ,  A.  D.  19  .  . 


Overseer. 


No.  565. 

OVERSEER'S  REPORT  TO  THE  COURT. 

The  State  of  Texas,  County Commissioners'  Court  of 

County, Term,  A.  D.  19  .  . 

To  the  Honorable  County  Judge  and  Commissioners  of  said  County : 

,  overseer  of  road  precinct  Xo in  said  county,  re- 
spectfully reports  that  the  roads  in  said  precinct  are  now  in  good  and 
passable  condition,  with  mile  posts  on  them  property  erected,  and  index 
boards  arranged  as  the  law  directs;  and  he  further  reports  that  the 

number  of  hands  in  said  precinct,  subject  to  road  duty,  is , 

whose  names  are  as  follows,  to  wit (here  state  the  names)  ; 

and  he  further  reports  that  he  has  caused  his  said  road  to  be  worked 

days  during  the  preceding  year,  and  that  he  has  received  from 

the  following  road  hands,  in  lieu  of  work, dollars,  to  wit 

(here  give  the  names  and  the  amount  received  from  each) ;  that  he  has 

paid dollars,  for  the  following  purposes,  to  wit :  to , 

for ,  used  for ;  that  he  has  . dollars  of  said 

sum  yet  in  his  hands  to  pay  over  to  the  court. 
Witness  my  hand  this  ....  day  of ,  A.  D.  19.  . 


Overseer. 

Sworn  to  and  subscribed  before  me,  this  the  ....  day  of , 

A.  D.  19  . 


R.  S.  Art.  4752  (4427). 


TEXAS  CIVIL  FORM  BOOK.  441 

RELEASES. 
No.  566. 

RELEASE  OF  VENDOR'S  LIEN. 

The  State  of  Texas,  County  of 

Whereas,  on  the  ....  day  of ,  A.  D.  19 . .,  did 

execute  and  deliver  to ,  a  certain  deed  of  conveyance,  wherein 

the  parfy  first  named  did  convey  to  the  party  last  named,  the  following 

described  tract.  .  or  parcel.  .  of  land,  to  wit .  (here  describe  the 

land). 

And  whereas,  as  a  part  consideration  for  said  land,  the  said 

did  execute  and  deliver  to  the  said two  certain  promissory 

notes  for  $ each,  bearing  even  date  with  said  deed,  and  payable 

to ,  or  order,  due  on  the  ....  day  of ,  A.  D.  19 . ., 

and  19..,  each  respectively  fully  described  in  said  deed,  recorded  in 

volume  . . . . ,  page  . . . . ,  Record  of  Deedr,  of  County,  Texas, 

hereto  referred  to  for  further  description,  and  a  vendor's  lien  was  ex- 
pressly retained  in  such  deed  to  secure  the  payment  of  said  promissory 
notes. 

And  whereas,  said  promissory  notes  have  been  fully  paid  off  and 
discharged,  both  principal  and  interest,  and  at  the  time  of  their  payment 
said  notes  were  the  property  of  the  undersigned: 

Now  therefore  know  all  men  by  these  presents,  that  I, , 

of  the  county  of ,  and  State  of  Texas,  for  and  in  consideration 

of  the  premises  and  the  full  and  final  payment  of  said  notes,  having 
remised,  released,  quitclaimed,  discharged  and  acquitted,  and  by  these 
presents  do  remise,  release,  quitclaim,  discharge  and  acquit  unto  the 

said .,  his  heirs  and  assigns,  the  vendor's  lien  heretofore 

existing  upon  the  land  and  premises  aforesaid. 

"Witness  my  hand  this  the  ....  day  of ,  A.  D.  19. . 


Attest: 


[Acknowledgment  same  as  deeds.] 
Lien  is  barred  in  ten  years  after  maturity  of  debt.     29th  Leg.  (1905),  p.  334. 


No.  567. 
RELEASE  OF  MORTGAGE  OR  DEED  OF  TRUST. 

The  State  of  Texas,  County  of 

Whereas,  on  the  ....  day  of ,  A.  D.  19.  ., ,  of 

the  county  of ,  State  of ,  did  execute,  acknowledge 

and  deliver  to ,  of  the  county  of ,  State  of  Texas, 


442  TEXAS  CIVIL  FORM  BOOK. 

a  certain  deed  of  trust  on  the  following  described  real  estate,  situate, 

lying  and  being  in  the  county  of ,  in  said  State  of  Texas,  to 

wit: (here  describe  the  property),  to  secure  the  prompt  pay- 
ment of  two  certain  promissory  notes  executed  by  the  said 

and  payable  to  the  order  of ,  as  follows: 

One  note  for dollars,  due  ....  day  of ,  A.  D.  19 . .,  and 

one  note  for  the  sum  of dollars,  due  ....  day  of ,  A.  P. 

19.  .,  and  bearing  interest  from  date  at  the  rate  of  ten  per  cent  per 
annum; 

And  whereas,  said  notes  with  accrued  interest  thereon  have  been  fully 

paid  to ,  the  legal  and  equitable  holder  and  owner  of  such 

notes : 

Now  therefore  know  all  men  by  these  presents,  that  I, , 

joined  herein  by ,  trustee,  at  my  request,  of 

County,  Statte  of  Texas,  in  consideration  of  the  premises  and  of  the  full 
and  final  payment  of  said  notes,  the  receipt  of  which  is  hereby  acknowl- 
edged, have  this  day,  and  do  by  these  presents,  release,  discharge  and 

quitclaim  unto  the  said  . ,  his  heirs  or  assigns,  all  the  right, 

title,  interest  and  estate  in  and  to  the  property  above  described,  which 
we  have  or  may  be  entitled  to  by  virtue  of  said  deed  of  trust,  and  do 
hereby  declare  the  same  fully  released  and  discharged  from  any  and  all 
liens  created  by  virtue  of  said  notes  and  deed  of  trust  above  mentioned. 

Witness  our  hands  this  ....  day  of ,  A.  D.  19.  . 


Witnesses : 


[Form  of  acknowledgment  same  as  given  in  deeds.] 
Lien  barred  in  ten  years.     29th  Leg.   (1905),  p.  334. 


No.  568. 

RELEASE  OF  JUDGMENT  LIEN. 

The  State  of  Texas,  County  of 

Whereas,  on  the  ....  day  of ,  A.  D.  19 .  .,  plaintiff, , 

recovered  judgment  against in  justice  court,  precinct  No. 

....  (or  county   or  district  court,  as  the  case  may  be),  in 

County,  Texas,  before ,  a  justice  of  the  peace,  in  cause  No 

....  on  the  docket  of  said  court,  in  book  ......  on  page  .  . .  .,  for  the  sum 

of dollars,  with  interest  thereon  at  the  rate  of  ....  per  cent  per 

annum,  together  with  all  costs  therein,  and  wherein  abstract  of  said 
judgment  was  made  and  filed  with  the  county  clerk  of  ........  County, 


TEXAS  CIVIL  FORM  BOOK.  443 

Texas,  for  record  and  recorded  in  the  judgment  records  thereof  in  book 
,  on  page 

And  whereas,  said  judgment  and  interest,  together  with  all  costs 

thereon,  was,  on  the  ....  day  of ,  A.  D.  19.  .,  paid  and  satisfied 

in  full  to  plaintiff, ,  and  said  judgment,  interest  and  costs 

have  been  fully  paid  and  satisfied:  Now  therefore  know  all  men  by 

these  presents,  that  I, ,  of County,  Texas,  the  legal 

holder  and  owner  of  said  judgment,  in  consideration  of  the  premise? 
and  of  the  full  payment  of  said  judgment,  interest  and  costs,  the  receipt 
of  which  is  hereby  acknowledged,  have  this  day,  and  do  by  these  presents, 

cancel,  release  and  discharge  unto  the  said ,  his  heirs  or 

assigns,  all  the  right,  title,  interest  and  estate  in  and  to  said  judgment 
and  judgment  lien,  which  I  have  or  may  have  therein,  and  do  hereby 
declare  said  judgment  fully  paid  off  and  satisfied  and  said  judgment 
lien  fully  released  and  discharged  to  all  intents  and  purposes. 

Witness  my  hand  this  the  ....  day  of ,  A.  D.  19 .  . 


R.  S.  Art.  3291   (3161). 
[Acknowledgment  same  as  in  deeds.] 


No.  569. 
RELEASE. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  I, ,  of  said  county 

of ,  in  consideration  of  the  sum  of dollars  to  me  in  hand 

paid,  the  receipt  of  which  is  hereby  acknowledged  and  confessed,  do  by 
these  presents,  for  myself,  my  heirs,  executors  and  administrators,  re- 
lease and  forever  discharge  the  said of  and  from  all  man- 
ner of  debts,  demands,  obligations,  liabilities,  suits,  and  causes  of  action, 

whatever  against  him,  the  said ,  in  any  manner  claimed, 

owned,  held,  or  possessed  by  me,  the  said ,  in  my  own  right 

at  the  time  of  executing  these  presents. 

"Witness  my  hand  this  ....  day  of ,  A.  D.  19. . 


Signed  and  delivered  in  the  presence  of 


Witnesses. 


444  TEXAS  CIVIL  FORM  BOOK. 

PROOF  OF  LOSS  BY  FIRE. 

No.  570. 
PROOF  OF  LOSS— SHORT  FORM  NOT  EXCEEDING  $100. 

The  State  of  Texas,  County  of 

,  being  duly  sworn  according  to  law,  deposes  and  says 

that  the Insurance  Company,  through ,  its  duly 

authorized  agent  at ,  Texas,  did  issue  to its 

policy  of  insurance,  Xo :  said  policy  expiring  on  the  ....   day  of 

,  A.  D.  19.  .,  and  covering  as  follows: 

$ on 

$ on 

$ on 

and  that  by 'a  fire  which  occurred  on  the  ....  day  of ,  A.  D.  19 . ., 

and  originated  from (here  state  the  origin  of  the  fire),  the 

assured  has  sustained  actual  loss  and  damage,  under  the  terms  of  said 
policy,  according  to  statements  attached  hereto,  as  follows: 

$ on 

$ on 

$ on 

$ on 

That  the  following*  is  a  list  of  the  whole  insurance  on  said  property, 
and  the  amount  of  claim  against  each  company: 

Insurance  Co.  insures  $ Proportion  is  $ 

Insurance  Co.  insures  $ Proportion  is  $ 

. .    Insurance  Co.  insures  $ Proportion  is  $ 

, ,  Claimant. 

Subscribed  and  sworn  to  before  me,  this  the  ....  day  of ,  A. 

D.  19.. 
(Seal.) 

1  hereby  certify  that  the  above  claim  is  just  and  true. 

,  Agent. 

i  »  • 

No.  571. 

PROOF  OF  LOSS  BY  FIRE  UNDER  POLICY. 

No $  .' 

To  the Insurance  Company  of : 

By  your  policy   of  insurance  No ,   issued  at  your  agency  at 

,  commencing  the  ....  day  of ,  A.  D.  19 .  . ,  and  expir- 
ing the  ...  .day  of ,  A.  D.  19.  .,  at  12  o'clock  noon,  you  insured 

against  all  direct  loss  or  damage  by  fire  to  an  amount  not 

exceeding dollars,  according  to  the  terms  and  conditions  printed 

and  written  therein;  the  descriptive  portions  being  as  follows 

(here  give  the  descriptive  portion  of  the  policy). 


TEXAS  CIVIL  FORM  BOOK. 


445 


A  lire  occurred  on  the  ....  day  of ,  A.  D.  19. .,  about  the  hour 

of  ....  o'clock  .  .m.,  and  according  to  the  knowledge  and  belief  of  this 

affiant  the  origin  of  said  fire  was (here  give  the  origin  of  the 

fire). 

All  of  the  property  described  in  said  policy  belonged,  at  the  time  of 

the  fire  above  mentioned,  to ,  which  firm  was  composed  of 

and ,  and  no  other  person  or  persons  had 

any  interest  therein,  except  as  follows,  viz (here  state  other 

interests,  if  any). 

The  actual  cash  value  of  each  specific  subject  thus  situated  and  de- 
scribed by  the  aforesaid  policy  at  the  time  of  the  fire,  and  the  actual 
loss  and  damage  by  said  fire  to  the  same,  as  shown  by  annexed  schedule, 
and  for  which  claim  is  hereby  made,  were  as  follows : 


Sound 
Value 


Total  Loss 


Total 
Insurance 


Insured  by 

this  Policy 


policy 


First  item  .  . 
Second  item 
Third  item  . 
Fourth  item 
Fifth  item  . 

Total 

Total  amount  claimed  of  this  company  under  above  named  policy, 

$ There  is  no  incumbrance  upon  the  property  described  in  said 

policy,  or  any  part  thereof,  except  as  follows,  viz (here  state 

the  incumbrance,  if  any).  All  other  insurance,  whether  valid  or  not, 

covering  any  of  said  property,  at  the  time  of  the  fire,  .  . . dollars 

($ ),  and  no  more.  Full  copies  of  the  descriptions  and  schedules 

in  all  policies,  and  of  all  indorsements,  are  hereto  annexed,  or  will  be 
furnished  on  demand.  There  have  been  no  changes  in  the  title,  use,  oc- 
cupation, location,  possession  or  exposure  of  said  property  since  the 

issuing  of  said  policy,  except  as  follows,  viz (here  state  the 

changes,  if  any). 

The  building  described,  or  containing  the  property  described  in  said 
policy,  was  occupied  in  its  several  parts  at  the  time  of  the  fire  as  follows, 
viz (here  state  how  same  was  occupied). 

The  said  fire  did  not  originate  by  any  act,  design  or  procurement  on 
the  part  of  assured,  or  of  this  affiant,  nor  in  consequence  of  any  fraud 
or  evil  practice  done  or  suffered  by  said  assured,  or  by  this  affiant ;  noth- 
ing has  been  done  by  or  with  the  privity  or  consent  of  the  assured,  or  of 
this  affiant,  to  violate  the  conditions  of  said  policy  or  render  it  void;.nn 
articles  are  mentioned  herein,  but  such  as  were  in  the  building  damaged 
or  destroyed,  and  belonging  to  and  in  possession  of  the  said  assured,  at 


446  TEXAS  CIVIL  FORM  BOOK. 

the  time  of  the  said  fire;  no  property  saved  has  been  in  any  manner 
concealed,  and  no  attempt  to  deceive  the  said  company  as  to  the  extent 
of  said  loss  has  in  any  manner  been  made. 
Witness  our  hands  at ,  this  the  ....  day  of A.  D.  19 .. 


Personally  appeared and ,  signers  of  the 

foregoing  statement,  who  made  solemn  oath  to  the  truth  of  the  same, 
and  that  no  material  fact  is  withheld  that  the  said  company  should  bo 

advised  of,  before  me,  this  the  ....  day  of ,  A.  D.  19.  . 

(Seal.)  

The  State  of  Texas,  County  of 

I, ,  a  notary  public  in  and  for County,  Texa^, 

residing  in ,  most  contiguous  to  the  property  hereinbefore  de- 
scribed, hereby  certify  that  I  am  not  concerned  in  the  loss  or  claim 
above  set  forth,  either  as  a  creditor  or  otherwise,  nor  related  to  the  as- 
sured or  sufferers;  that  I  have  examined  the  circumstances  attending 
the  fire  or  damages  as  alleged,  and  that  I  am  well  acquainted  with  the 
character  and  circumstances  of  the  assured,  and  do  verily  believe  that 
the  assured  have  by  misfortune,  and  without  fraud  or  evil  practice,  sus- 
tained loss  and  damage  on  the  property  covered  by  said  policy  to  the 
amount  of dollars. 

In  testimony  whereof  I  have  hereunto  set  my  hand  and  official  seal, 

this  the day  of ,  A.  D.  19 .. 

(Seal.)  

SCHEDULE STATEMENT  OF  LOSS. 

(Here  assured  can  give  statement  of  loss  sustained.) 

Assured  must  be  governed  by  the  printed  conditions  of  his  policy  m 
making  out  his  proof  of  loss. 


REMOVAL  OF  DISABILITIES  OF  A  MINOR. 
No.  572. 

PETITION  FOR  REMOVAL  OF  DISABILITIES  OF  A  MINOR. 


The  State  of  Texas,  County  of In  District  Court  of  ........ 

County,  Texas. 

To  the  Honorable  District  Court  of  said  County: 

Now  comes ,   who   resides   in County,   Texas, 

and  respectfully  represents  to  the  court  that  he  is  a  minor  over  nineteen 
years  of  age,  and  is  the  owner  of  property,  both  real  and  personal.    That 


TEXAS  CIVIL  FORM  BOOK.  447 

your  petitioner  is  capable  of  managing  his  property,  and  for  some  time 
past  has  been  permitted  to  manage  his  own  affairs,  and  that  it  is 
advisable,  and  would  be  to  the  interest  and  advantage  of  your  petitioner, 
in  person  and  property,  to  have  his  disabilities  as  a  minor  removed. 

(Petitioner  should  here  state  the  cause  or  causes  existing  which  make 
it  advisable  or  advantageous  to  have  his  disabilities  removed.) 

That  your  petitioner's  father,  ,  is  living  and  resides  in 

County,  Texas. 

Wherefore  your  petitioner  prays  that  such  notice  issue  herein  as  may 
be  necessary  and  for  order  of  this  court  removing  his  disabilities  as  a 
minor,  etc. 


Petitioner. 


Attorney  for  Petitioner. 
R.  S.  Art.  3499. 

A  copy  of  said  petition  shall  be  served  upon  the  father  of  the  minor, 
if  living  within  the  State,  and  if  he  be  dead,  that  fact  shall  be  men- 
tioned in  the  petition.  If  the  father  of  the  minor  be  not  living,  then  a 
copy  of  the  petition  shall  be  served  upon  the  county  judge  of  the 
county  in  which  the  suit  is  brought,  and  in  all  such  cases  the  court 
hearing  the  application  shall  appoint  a  special  guardian,  whose  duty  it 
shall  be,  in  connection  with  the  county  judge,  to  represent  the  true 
interest  of  the  minor. 
R.  S.  Art.  3205. 

The  petition  shall  be  sworn  to  by  some  person  cognizant  of  the  facts 
set  out  in  said  petition. 

AFFIDAVIT    TO    SAID    PETITION. 

The  State  of  Texas,  County  of 

Before  me,      ,  a  notary  public  in  and  for 

County,   Texas,  on   this  day  personally  appeared ,   who, 

being  by  me  duly  sworn,  says  that  he  has  carefully  read  over  the  fore- 
going petition,  and  is  cognizant  of  the  facts  set  out  therein,  and  that 
the  same  are  true. 


Sworn  to  and  subscribed  before  me,  under  my  official  hand  and  seal, 

this  the day  of ,  A.  D.  19 . . 

(Seal.)  


448  TEXAS  CIVIL  FORM  BOOK. 

Ko.  573. 

WAIVER  AND  ACCEPTANCE  OF  SERVICE  AND  PETITION  BY  THE 
FATHER  OF  MINOR,  OR  COUNTY  JUDGE. 

Ex  Parte  Application  of for  Removal  of  His  Disabilities 

as  a  Minor.     In  District  Court  of County,  Texas. 

I  hereby  waive  the  issuance  and  service  of  a  copy  of  the  petition  in 
above  cause,  and  accept  service  of  same. 


Father  of  said  Minor -.  (or  County  Judge,  County). 


No.  574. 
ORDER  REMOVING  DISABILITIES  OF  A  MINOR. 

Ex  Parte  Application  of for  Removal  of  His  Disabilities 

as  a  Minor.    In  District  Court  of County, 

Texas, Term,  19  . . 

On  this  the  ....  day  of ,  A.  D.  19 . . ,  came  on  to  be  heard 

the  application  of for  removal  of  his  disabilities  as  a 

minor;  and  it  appearing  to  the  court  that  the  father  of  said  minor  is 
living  and  has  been  duly  served  with  a  copy  of  said  minor's  petition  filed 
herein;  and  it  further  appearing  to  the  court  that  it  is  advisable  and 
would  be  advantageous  to  such  minor,  in  person  and  property,  to  have 
bis  disabilities  as  a  minor  removed,  and  that  said  minor  is  over  nineteen 
years  of  age: 

It  is  therefore  ordered  and  decreed  by  the  court  that  the  disabilities 

of  said ,  as  a  minor,  be  and  are  hereby  removed,  and  said 

minor  shall  be  deemed  and  held  for  all  legal  purposes,  of  full  age,  as 
made  and  provided  by  law  in  such  cases. 

R.  S.  Arts.  3500-3501. 

Said  cause  ma}-  be  heard  by  the  court  either  in  regular  order  or  at 
any  time  during  term  time. 


TEXAS  CIVIL  FORM  BOOK.  449 

PLEADINGS—PETITIONS. 

INSTITUTION   OF  SUITS  —  DISTRICT  AND  COUNTY  COURTS. 

R.  S.  Arts.  1177-1180  (1181-1184).  Art.  1180  (1895)  amended  bv  25th  Leg. 
<1897),  p.  266. 

Pleadings  in  General.     R.  S.  Arts.  1181-1190  (1185-1194). 
Pleadings  of  the  Plaintiff.     R.  S.  Arts.  1191-1193   (1195-1197). 
Pleadings — Justice  Courts.     R.  S.  Arts.  1603-1605    (1573-1575). 

No.  575. 

PETITION  ON  ACCOUNT. 

The  State  of  Texas,  County  of In Court  of 

County,  Texas, Term,  A.  D.  19  . . 

To  the  Honorable Court  of  said  County : 

Now  conies   ,  who  resides  in  County,  Texas, 

hereinaf ter  called  plaintiff,  complaining  of ,  who  resides 

in  the  county  of in  the  State  of  Texas,  hereinafter  styled  de- 
fendant; and  for  cause  of  action,  plaintiff  represents  to  the  court  that 

heretofore,  to  wit:  on  or  about  the  ....  day  of  ,  A.  D.  19. ., 

plaintiff,  at  the  special  instance  and  request  of  defendant,  sold  and  de- 
livered to  him,  at  the  several  times  specified  in  the  account  hereto 
attached,  marked  Exhibit  "A"  and  made  a  part  hereof,  certain  goods, 
wares  and  merchandise  in  said  account  mentioned,  in  consideration 
whereof  the  defendant  then  and  there  promised  plaintiff  to  pay  him  the 
said  several  sums  of  money  charged  therefor  in  said  account  specified, 

amounting  to  the  sum  of dollars,  at  the  expiration  of 

months  thereafter,  with  interest  thereon  at  the  rate  of  ....  per  cent  per 

annum,  from  the  ....  day  of ,  A.  D.  19  . .    (or  if  said  goods 

were  sold  at  price  not  agreed  upon,  then  after  the  words,  "  in  consider- 
ation whereof  the  defendant  then  and  there  prcfmised,"  add:  to  pay 
plaintiff,  on  demand,  so  much  money  as  the  said  goods,  wares  and 
merchandise  were  reasonably  worth;  that  the  said  goods,  wares  and 
merchandise  were,  at  the  time  of  the  sale  and  delivery  thereof,  reason-- 
ably worth  the  several  sums  of  money  charged  therefor  in  said  account 
specified,  amounting  to  the  sum  of dollars). 

That  said  account  is  past  due  and  unpaid,  and  defendant,  though 
often  requested,  has  hitherto  failed  and  refused  and  still  refuses  to  pay 
the  same,  or  any  part  thereof,  to  plaintiff's  damage  . dollars. 

Wherefore  plaintiff  prays  the  court  that  defendant  be  cited  to  appear 
and  answer  this  petition,  and  that  he  have  judgment  for  his  debt, 

dollars,  interest  and  costs  of  suit,  and  for  such  other  and  further 

relief,  special  and  general,  in  law  and  in  equity,  that  he  may  be  justly 
entitled  to,  etc. 


Attorney  for  Plaintiff, 
Form  Book  —  29. 


450  TEXAS  CIVIL  FORM  BOOK. 

No.  576. 
PETITION  ON  PROMISSORY  NOTE. 

The  State  of  Texas,  County  of In Court  of 

County,  Texas,   Term,  A.  D.  19  .. 

To  the  Honorable Court  of  said  County : 

Now  comes ,  who  resides  in County,  Texas, 

hereinafter  called  plaintiff,  complaining  of ,  who  resides 

in  the  county  of ,  in  the  State  of  Texas,  hereinafter  styled 

defendant ;  and  for  cause  of  action  plaintiff  represents  to  the  court  that 
heretofore,  to  wit:  On  the  ....  day  of ,  A.  D.  19  . .,  the  de- 
fendant made,  executed  and  delivered  to  this  plaintiff  his  certain  promis- 
sory note  for  the  sum  of dollars,  bearing  date  on  the  day  and 

year  aforesaid,  payable  to  the  order  of  plaintiff  at ,  Texas,  and 

due  on  the  ....  day  of ,  A.  D.  19  .  .,  bearing  interest  at  the  rate 

of  ....  per  cent  per  annum  from  date  until  paid,  and  providing  for  ten 
per  cent  additional  on  the  amount  of  principal  and  interest  then  due  as 
attorney's  fees  if  placed  in  the  hands  of  an  attorney  for  collection  or 
suit  is  brought  on  same,  whereby  defendant  became  liable  and  bound 
to  plaintiff  and  promised  plaintiff  to  pay  him  the  sum  of  money  in  said 
note  specified,  together  with  all  interest  and  attorney's  fees  due  thereon 
according  to  the  tenor  and  effect  thereof.  That  plaintiff  has  placed  said 

note  in  the  hands  of ,  an  attorney,  for  collection  and  has 

contracted  to  pay  him  the  ten  per  cent  stipulated  in  said  note. 

That  said  note  is  now  past  due  and  unpaid,  and  defendant,  though 
often  requested,  has  hitherto  failed  and  refused  and  still  refuses  to  pay 

the  same,  or  any  part  thereof,  to  plaintiff's  damage  in  the  sum  of 

dollars. 

Wherefore  plaintiff  prays  the  court  that  defendant  be  cited  to  appear 
and  answer  this  petition,  and  that  he  have  judgment  for  his  debt, 

dollars,  interest  and  attorney  fees,  and  costs  of  suit,  and  for 

such  other  and  further  relief,  special  and  general,  in  law  and  in  equity, 
that  he  may  be  justly  entitled  to,  and  in  duty  bound  will  ever  pray,  etc. 


Attorney  for  Plaintiff, 
Maddox  v.  Craig,  16  S.  W.  R.  328. 
Bolton  v.  Gifford  &  Co.,  100  S.  W.  R.  210. 
R.  S.  Art.  1191   (1195). 


TEXAS  CIVIL  FORM  BOOK.  451 

No.  577. 

PETITION  FOR  NOT  COMPLETING  BUILDING  ACCORDING  TO  CONTRACT. 

The  State  of  Texas,  County  of In Court  of 

County,  "Texas, Terra,  A.  I).  19  .  . 

To  the  Honorable Court  of  said  County : 

Now  comes ,  who  resides  in County,  Texas, 

hereinafter  called  plaintiff,  complaining  of ,  who  resides 

in  the  county  of ,  in  the  State  of  Texas,  hereinafter  styled 

defendant;  and  for  cause  of  action,  plaintiff  represents  to  the  court  that 

heretofore,  to  wit:  on  the  ....  day  of ,  A.  D.  19  .  .,  plaintiff  and 

defendant  entered  into  an  agreement  in  writing,  signed  by  the  defend- 
ant, whereby  defendant  agreed  to  erect  for  plaintiff,  in  a  good  and  sub- 
stantial manner,  a  ....  story  ....  store,  in  the  city  of ,  in 

said  State,  and  to  have  the  same  completed  and  ready  for  occupancy  on 

or  before  the  ....  day  of ,  A.  D.  19.  .,  for  which  plaintiff  agreed 

to  pay  defendant dollars,  in  installments,  as  follows :  When  the 

foundation  should  be  laid,  the  sum  of dollars;  when  the  first 

story  should  be  up,  and  the  second  tier  of  joists  laid,  dollars; 

when  the  second  story  should  be  up  and  the  third  tier  of  joists  laid, 

dollars ;  when  the  roof  should  be  on, dollars,  and  when 

the  said  store  should  be  fully  completed,  according  to  agreement,  the 
balance  of dollars. 

That  defendant  entered  upon  the  performance  of  the  work  in  said 
agreement,  and  laid  the  foundations  of  the  said  building,  and  completed 
the  erection  of  the  first  story  thereof,  with  the  joists  for  the  second 
story  laid,  and  had  commenced  the  erection  of  the  second  story  thereof; 
that  plaintiff  duly  performed  all  the  conditions  of  said  agreement  on  his 
part,  and  paid  to  defendant  the  installments  as  they  became  due  for  the 
work  so  performed;  but  defendant  neglected  to  finish  the  said  building 
pursuant  to  said  agreement,  and  left  the  same  with  the  foundations  and 
the  first  story  completed,  and  the  walls  of  the  second  story  partly  up, 
and  although  the  time  for  the  completion  of  said  building  has  long  since 
expired,  he  has  failed  and  refused  to  complete  the  said  work. 

Plaintiff  further  says  that  on^the  ....  day  of ,  A.  D.  19  .  .,  he 

made  an  agreement  with  one ,  whereby  he  agreed  to  let, 

and  said agreed  to  hire,  the  said  store  for  one  year  from 

the  ....  day  of ,  A.  D.  19.  .,  at  a  yearly  rental  of dollars, 

of  which  fact  defendant  had  due  notice;  that  by  reason  of  defendant's 
failure  to  complete  the  contract  aforesaid  upon  his  part  the  said  house 

was  not  completed  on  said  ....  day  of ,  A.  D.  19  .  . ,  the  day  on 

which  said  lease  was  to  take  effect,  so  that  plaintiff  was  unable  to  give 

to  said occupancy  thereof,  by  reason  whereof  he  has  been 

deprived  of  the  profits  of  said  lease,  and  has  been  otherwise  greatly 
injured,  to  his  damage  in  the  sum  of dollars.  Wherefore  plain- 
tiff prays  the  court  that  defendant  be  cited  to  appear  and  answer  this 


452  TEXAS  CIVIL  FORM  BOOK. 

petition,  and  for  judgment  for  his  damages dollars,  and  costs  of 

suit,  and  for  such  other  and  further  relief,  special  and  general,  in  law 
and  in  equity,  that  he  may  be  justly  entitled  to,  etc. 


Attorney  for  Plaintiff, 


No.  578. 

PETITION  FOR  FRAUDULENT  PURCHASE  OF  PROPERTY. 

The  State  of  Texas,  County  of  ....:...     In Court  of 

County,  Texas, Term,  A.  D.   19  .. 

To  the  Honorable Court  of  said  County : 

Now  comes ,   who   resides   in County,   Texas, 

plaintiff,  complaining  of ,  who  resides  in  the  county  of 

,  in  the  State  of  Texas,  defendant;  and  for  cause  of  action 

represents  to  the  court  that  heretofore,  to  wit,  on  or  about  the  ....  day 

of ,  A.  D.  19  .  .,  the  defendant,  in  order  to  induce  plaintiff  to  sell 

to  him  certain  goods,  wares  and  merchandise  hereinafter  mentioned, 
falsely  and  fraudulently  represented  to  plaintiff  that  he  was  in  good 

credit,  and  was  worth  a  large  sum,  to  wit dollars,  over  and  above 

all  his  just  debts  and  liabilities  and  property  exempt  from  execution; 

that  he  owned (here  set  out  the  specific  property  mentioned  by 

defendant,  if  any)  ;  whereas  defendant  was  at  said  time,  as  he  well 
knew,  without  credit  and  wholly  insolvent  and  worthless,  and  unable  to 
pay  for  said  goods.  Plaintiff  says  that,  induced  solely  by  said  repre- 
sentations, and  relying  thereon,  he  agreed  to  sell  to  defendant,  and  did 

sell  to  him  on  credit,  and  delivered  to  him,  the  following  goods 

(here  describe  them),  of  the  value  of dollars;  that  defendant, 

having  so  obtained  from  plaintiff  the  possession  of  said  goods,  unlaw- 
'  fully  converted  the  same  to  his  own  use  and  benefit,  to  the  damage  of 
plaintiff  in  the  sum  of dollars.  • 

Wherefore  plaintiff  prays  the  court  that  defendant  be  cited  to  appear 

and  answer  this  petition,  and  for  judgment  for  his  damages,   

dollars,  interest  and  costs  of  suit,  and  for  such  other  and  further  relief, 
special  and  general,  in  law  and  in  equity,  that  he  may  be  justly  entitled 
to,  etc. 


Attorney  for  Plaintiff, 


TEXAS  CIVIL  FORM  BOOK.  453 

No.  579. 

PETITION  FOR  DAMAGES  FOR  LOSS  ON  FIRE  INSURANCE  POLICY. 

The  State  of  Texas,  County  of In Court  of 

County,  Texas, Term,  A.  D.  19  .. 

To  the  Honorable Court  of  said  County : 

Now  comes ,  who  resides  in County,  Texas, 

hereinafter  called  plaintiff,  complaining  of  the Fire  Insurance 

Company  of ,  a  private  corporation  doing  business  in 

County,  Texas,  against  loss  or  damage  to  property  by  fire,  with 

,  who  resides  in  said  county,  as  its  agent,  hereinafter 

styled  defendant;  and  for  cause  of  action,  plaintiff  represents  to  the 

court,  that  on  the  ....  day -of ,  A.  D.  19  .  .,  he  was  the  owner  of  a 

certain  dwelling-house  situated  in  the  town  of  ,  in  

County,  Texas;  that  on  same  day  defendant  issued  and  delivered  to 
plaintiff  its  policy  of  insurance  of  that  date,  whereby,  in  consideration 

of  the  payment  by  plaintiff  to  defendant  of  the  premium  of 

dollars,  defendant  insured  plaintiff  against  loss  or  damage  by  fire  to  the 

amount  of dollars  upon  his  said  dwelling-house,  from  noon  of  the 

....  day  of ,  A.  D.  19 . .,  to  noon  of  the  ....  day  of , 

A.  D.  19  .  . ,  as  is  more  fully  shown  by  said  policy  herewith  filed,  marked 
Exhibit  "  A,"  and  made  a  part  of  this  petition. 

That  on  the  ....  day  of ,  A.  D.  19  .  .,  and  while  said  policy  was 

in  force  said  dwelling-house  was  totally  destroyed  by  fire;  that  said 
dwelling-house  at  the  time  of  the  issuance  of  said  policy  and  at  the  time 

of  said  fire  was  the  property  of  plaintiff  and  was  of  the  value  of 

dollars;  that  plaintiff  duly  performed  all  the  conditions  required  of  him 
by  the  terms  of  said  policy,  and  in  due  time  after  the  fire,  and  more 
than  ....  days  before  the  commencement  of  this  action,  to  wit,  on  the 

....  day  of ,  A.  D.  19  .  .,  gave  to  defendant  due  notice  and  proof 

of  the  fire  and  loss  aforesaid,  and  demanded  payment  of  the  sum  insured, 
whereby  defendant  became  justly  indebted  and  bound  and  liable  to 

plaintiff  in  said  sum  of dollars ;  but  defendant  has  ever  failed  and 

refused,  and  still  fails  and  refuses  to  pay  the  same,  to  plaintiff's  damage 
dollars. 

Wherefore  plaintiff  prays  the  court  that  defendant  be  cited  to  appear 

and  answer  this  petition,  and  for  judgment  for  the  sum  of dollars, 

damages  sustained,  interest  and  costs,  and  for  such  other  and  further 
relief,  special  and  general,  in  law  and  in  equity,  that  he  may  be  justly 
entitled  to,  etc. 


Attorney  for  Plaintiff, 


454:  TEXAS  CIVIL  FORM  BOOK. 

No.  580. 
PETITION  ON  LIFE  INSURANCE  POLICY. 

The  State  of  Texas,  County  of In Court  of 

County,  Texas, Term,  A.  D.  19  .  . 

To  the  Honorable Court  of  said  County : 

Now  comes ,  who  resides  in County,  Texas, 

hereinafter  called  plaintiff,  complaining  of  the Life  Insurance 

Company  of  ,  a  private  corporation,  duly  incorporated  under 

and  by  virtue  of  the  laws  of  the  State  of and  doing  business  in 

County,  Texas,  with ,  who  resides  in  said  county, 

as  its  agent,  hereinafter  styled  defendant;  and  for  cause  of  action, 

plaintiff  represents  to  the  court,  that  on  the  ....  day  of ,  A.  D. 

19  . .,  plaintiff  was  the  husband  of  one ;  that  defendant, 

on  said  day,  in  consideration  of  the  payment  by  said to 

defendant  of  the  sum  of dollars,  and  of  the  further  sum  of 

dollars  to  be  paid  as  aforesaid  annually  through  her  natural  life, 

executed  and  delivered  to  said its  policy  of  insurance  in 

writing,  whereby  it  insured  the  life  of  said  .. in  the  sum  of 

dollars  for  the  benefit  of  plaintiff,  and  thereby  promised  to  pay 

and  became  bound  and  liable  to  pay  said  sum  of dollars  to  plain- 
tiff on  the  death  of  said ,  as  is  more  fully  shown  by  said 

policy  herewith  filed,  marked  Exhibit  "A"  and  made  a  part  of  this 
petition. 

That  said died  on  the day  of ,  A.  D.  19  .  ., 

and  up  to  the  time  of  her  said  death  all  the  premiums  accrued  and  due 

upon  said  policy  were  duly  paid,  and  the  said in  all  respects 

complied  with  the  conditions  and  provisions  of  said  policy;  that  within 

a  reasonable  time  after  the  death  of  said ,  to  wit,  on  the 

.»  .  day  of  . ,  A.  D.  19  .  .,  plaintiff  gave  to  defendant  due  notice 

aid  proof  of  the  death  of  said as  aforesaid,  and  duly 

demanded  from  defendant  payment  of  the  said  sum  of dollars, 

the  amount  of  said  policy;  but  defendant  has  failed  and  refused,  and 
still  fails  and  refuses  to  pay  the  same  or  any  part  thereof,  and  is  now 
justly  indebted  to  plaintiff  in  said  sum  with  interest  thereon. 

Wherefore  plaintiff  prays  the  court  that  defendant  be  cited  to  appear 

and  answer  this  petition,  and  on  final  hearing  for  the  sum  of 

dollars,  interest  and  costs,  and  for  such  other  and  further  relief,  special 
in  law  and  in  equity,  that  he  may  be  justly  entitled  to,  etc. 


Attorney  for  Plaintiff, 
Penalty  faihire  to  pay  loss.     R.  S.  3071  (2953). 


TEXAS  CIVIL  FORM  BOOK.  455 

No.  581. 

COUNT  TO  RECOVER  THE  AMOUNT  OF  A  NOTE  PLEDGED  AS  COLLAT- 
ERAL SECURITY,  BY  PLEDGOR  AGAINST  PLEDGEE. 

That  on  the  ....  day  of ,  plaintiff,  being  then  indebted  to  the 

defendant  in  the  sum  of dollars,  indorsed  and  delivered  to  him  as 

collateral  security  for  the  payment  of  said  debt  a  certain  promissory  note 

made  by  one ,  for  dollars,  bearing  date  on  the  .... 

day  of ,  A.  1).  19.  .,  and  payable  to  plaintiff  at  ....  months  after 

date,  with  interest  at  ....  per  cent  from  and  after That  at  the 

maturity  of  said  note  the  sum  of  money  due  thereon  was  collected  by 
defendant,  and  by  the  application  of  moneys  so  received  by  him  said 
indebtedness  was  wholly  paid  and  extinguished.  That  after  payment  of 
said  indebtedness  there  remained  in  the  hands  of  defendant  a  balance 

of dollars  belonging  to  plaintiff,  for  which  defendant  then  and 

there  was  liable,  and  promised  to  pay  plaintiff  on  demand ;  that  plaintiff 
demanded  of  defendant  payment  of  said  sum  of  money  on  the  ....  day 

of ,  A.  D.  19  .  .,  but  to  pay  the  same,  or  any  part  thereof,  the 

defendant  has  wholly  failed,  and  refused  and  still  refuses,  to  his  dam- 
age, etc. 


No.  582. 

COUNT  FOR  REPAYMENT  OF  DEPOSIT,  ON  A  CONTRACT  FOR  THE  PUR- 
CHASE OF  REAL  ESTATE,  NOT  PERFORMED. 

That  on  the day  of ,  A.  D.  19.  .,  defendant  and  plaintiff 

entered  into  a  contract  in  writing,  whereby  it  was  mutually  agreed  that 
defendant  should  sell  to  plaintiff  a  certain  tract  of  land  situated  in  the 

county  of ,  containing acres,  and  known  as , 

for  the  sum  of dollars,  to  be  paid  therefor  by  plaintiff ;  that  de- 
fendant should  make  a  good  title  to  said  tract  of  land,  and  deliver  a 

deed  therefor  to  plaintiff  on  the  ....  day  of ,  A.  D.  19. .;  and 

that  plaintiff  should  pay  to  defendant  the  sum  of dollars,  and  the 

balance  of  the  purchase  money  upon  the  delivery  of  the  deed  as  afore- 
said. That  in  pursuance  of  said  agreement,  plaintiff,  on  the  ....  day 
of ,  A.  D.  19. .,  paid  to  the  defendant  the  said  sum  of dol- 
lars, to  be  to  and  for  the  use  of  defendant,  and  to  be  retained  by  him 
on  account  of  the  purchase  money,  if  plaintiff  should  complete  his 
purchase  and  receive  the  deed  of  said  premises;  but  to  be  to  and  for  the 
use  of  the  plaintiff,  and  to  be  returned  to  him.  if  the  defendant  should 
fail  to  fulfill  his  agreement  as  aforesaid,  and  give  a  deed  of  the  prem- 
ises at  the  time  and  pursuant  to  the  agreement  hereinbefore  set  forth. 

That  plaintiff  has  always  been  ready  and  willing  to  do  and  perform 
everything  in  the  aforesaid  agreement  contained  on  his  part,  and  on  the 

....  day  of ,  A.  D.  19.  .,  was  ready  and  willing,  and  duly  offered 

to  the  defendant,  to  accept  and  take  the  deed  of  said  premises  pursuant 


456  TEXAS  CIVIL  FORM  BOOK. 

to  said  agreement,  and  to  pay  him  the  balance  of  the  purchase  money 

due  therefor;  and  the  defendant  did  not  on  said  ....  day  of , 

A.  D.  19. .,  nor  has  he  at  any  other  time  whatsoever,  given  the  plaintiff 
a  deed  of  said  premises  pursuant  to  said  agreement,  hut  on  the  contrary, 

has  wholly  failed  and  refused  so  to  do.    That  on  the  ....  day  of , 

A.  D.  19. .,  plaintiff  demanded  of  defendant  the  said  sum  of    

dollars,  but  defendant  refused  and  still  refuses  to  pay  the  same,  or  any 
part  thereof,  to  his  damage,  etc. 


No.  583. 

PETITION  IN  TRESPASS  TO  TRY  TITLE. 

The  State  of  Texas,  County  of In  District  Court  of 

County,  Texas, Term,  A.  D.  19.  . 

To  the  Honorable  District  Court  of  said  County: 

Now  comes .,  who  resides  in County,  Texas, 

hereinafter  called  plaintiff,  complaining  of ,  who  resides 

in  the  county  of ,  in  the  State  of  Texas,  hereinafter  styled  de- 
fendant; and  for  cause  of  action,  plaintiff  represents  to  the  court  that 

on  or  about  the  ....  day  of ,  A.  D.  19 .  . ,  he  was  lawfully  seized 

and  possessed  of  the  following  described  land  and  premises,  situated  in 

County,  Texas,  holding  and  claiming  the  same  in  fee  simple, 

to  wit (here  describe  the  land  and  premises  by  metes  and 

bounds);  that  on  the  day  and  year  last  aforesaid  defendant  unlawfully 
entered  upon  said  premises  and  ejected  plaintiff  therefrom,  and  unlaw- 
fully withholds  from  him  the  possession  thereof,  to  his  damage 

dollars;  that  the  reasonable  annual  rental  value  of  said  land  and  prem- 
ises is dollars. 

Wherefore  plaintiff  prays  judgment  of  the  court  that  defendant  be 
cited  to  appear  and  answer  this  petition,  and  that  plaintiff  have  judg- 
ment for  the  title  and  possession  of  said  above  described  land  and 
premises,  and  that  writ  of  restitution  issue,  and  for  his  rents,  damages 
and  costs  of  suit,  and  for  such  other  and  further  relief,  special  and 
general,  in  law  and  in  equity,  that  he  may  be  justly  entitled  to,  etc. 


R.  S.  Art.  5250  (4786). 

The  plaintiff  shall  indorse  on  his  petition  that  "  This  action  is  brought 
as  well  to  try  the  title  as  for  damages." 
R.  S.  Art.  5251  (4787). 

In  case  plaintiff  desires  to  make  application  for  writ  of  sequestration 
in  his  petition,  the  above  petition  should  further  allege  in  what  par- 
ticular he  fears  said  property  will  be  injured  and  his  prayer  for  relief, 


TEXAS  CIVIL  FORM  BOOK.  157 

pray  for  writ  of  sequestration,  commanding  the  officer  to  take  into  his 
possession  said  property,  and  keep  the  same  subject  to  the  further  order 
of  the  court  and  also  to  make  affidavit  to  same  in  substance  as  follows: 

The  State  of  Texas,  County  of 

Before  me,  the  undersigned  .authority,   on  this  day  personally  ap- 
peared   .  . . .,  plaintiff  in  above  cause,  who,  being  by  me  duly 

sworn,  says  that  he  is  the  owner  of  the  property  described  in  the  above 
and  foregoing  petition  and  entitled  to  the  possession  thereof,  and  that 

he  fears  that  the   defendant,    ,  will  make   use   of  such 

possession  to  injure  said  property. 


Sworn  to  and  subscribed  before  me,  this  .  . .  day  of ,  A.  D.  19 


No.  584. 

PETITION  ON  WRITTEN  CONTRACT  MODIFIED  BY  PAROL,  WITH  CLAIM 

FOR  EXTRA  WORK. 

The  State  of  Texas,  County  of In Court  of 

County,  Texas, Term,  A.  D.  19 .. 

To  the  Honorable Court  of  said  County : 

,  plaintiff,  complaining  of ,  defendant, 

represents  that  plaintiff  resides  in  the  county  of ,  and  defendant 

in  the  county  of ,  in  said  State. 

That  on  the  ....  day  of ,  A.  D.  19  .  .,  plaintiff  and  defendant 

entered  into  a  contract  in  writing  duly  executed,  and  being  in  words  and 
figures  as  follows,  to  wit (here  insert  a  true  cop}'  of  said  con- 
tract) ;  which  said  contract  is  herewith  filed  and  marked  Exhibit  "  A." 

That  thereafter,  and  before  the  ....  day  of ,  A.  D.  19  ...  the 

date  mentioned  in  said  contract  upon  which  the  work  was  to  be  com- 
pleted, plaintiff  duly  performed  all  the  conditions  of  said  contract  upon 
his  part  to  be  performed,  except  as  follows,  to  wit,  that  he  did,  at  the 
request  of  the  defendant,  cover  the  roof  of  the  building  in  said  contract 

mentioned  with instead  of  with ,  for  which  services 

rendered  in  modification  of  said  contract  defendant  promised  to  pay 
plaintiff  a  reasonable  sum  in  addition  to  the  price  named  in  said  con- 
tract; and  further,  that  at  defendant's  request  plaintiff  omitted  to 

(here  state  fully  the  omissions),  upon  agreeing  with  defendant 

that  a  reasonable  deduction  be  made  from  the  price  named  in  said 
contract  by  reason  of  such  omission.  And  plaintiff  further  says  that 
at  defendant's  instance,  and  request,  he  did  build  an  addition  to  said 
building  for  the  purpose  of  a  stable,  said  building  being  of  the  following 
dimensions  (here  insert  same)  :  and  that  defendant  agreed  to  pay  there- 


458  TEXAS  CIVIL  FORM  BOOK. 

for  the  sum  of dollars  in  addition  to  the  price  named  in  said  con- 
tract; and  also  by  reason  of  said  additions  and  alterations  and  other 
considerations  moving  defendant  thereto,  defendant  agreed  to  extend 

the  time  for  the  completion  of  said  building  for weeks  from  and 

after  the  date  of  said  contract  mentioned,  to  wit,  until  the  ....  day  of 

,  A.  D.  19  . .,  on  which  last  mentioned  date  plaintiff  had  fully 

completed  all  the  work  to  be  done  by  him  under  said  contract  and  its 
modifications. 

Plaintiff  says  that dollars  is  a  reasonable  sum  to  be  paid  him  in 

addition  to  the  price  named  in  the  contract  for  covering  the  roof  of  said 

building  with instead  of  with ,  and  that  the  sum  of 

dollars  is  a  reasonable  deduction  to  be  made  on  the  price  named 

in  said  contract  for  the  omission  to  put (here  state  the  omis- 
sions) on  the  building. 

Plaintiff  further  says  that  during  the  progress  of  said  work  defendant 
paid  to  him  the  sum  of dollars,  leaving  due  as  part  of  the  con- 
tract price  in  said  petition  mentioned  the  sum  of dollars,  from 

which  should  be  deducted  the  sum  above  mentioned  for  omission  to  put 

(here  state  the  omission  as  above  mentioned)  of  the  building 

as  aforesaid ;  that  for  said  remaining  sum,  to  wit,  dollars,  de- 
fendant is  justly  indebted  to  him,  and  in  addition  thereto  for 

dollars  for  the roof  as  aforesaid,  and dollars  agreed  to  be 

paid  to  plaintiff  for  the  erection  of  the  stable  aforesaid. 

And  for  a  further  cause  of  action  plaintiff  says  that  while  said  work 

was  in  progress,  to  wit,  between  the  ....  day  of and  the  ....  day 

of ,  A.  D.  19  .  . ,  plaintiff  rendered  to  defendant  services  and 

furnished  for  him  materials  outside  of  the  contract  aforesaid,  in  and 

about  said  building,  as  follows,  to  wit (here  state  the  work  done 

outside  and  independent  of  the  contract),  the  items  of  which,  together 
with  the  dates  on  which  the  materials  were  furnished  and  the  services 
rendered,  and  the  prices  charged  therefor,  appear  by  the  itemized  ac- 
count hereto  annexed  and  marked  Exhibit  "B."  That  the  prices  charged 
for  the  said  services  rendered  and  materials  furnished  are  reasonable 

and  proper,  and  that  the  total  thereof,  being dollars,  is  justly  due 

to  plaintiff  from  defendant;  but  though  often  requested  defendant  has 
hitherto  failed  and  refused  and  still  now  refuses  to  pay  the  same  or 
any  part  thereof,  to  plaintiff's  damage  in  the  sum  of dollars. 

Wherefore  plaintiff  prays  the  court  that  defendant  be  cited  to  appear 
and  answer  this  petition  and  for  judgment  for  the  amount  of  his  debt, 

dollars,  interest,  damages  and  costs,  and  for  such  other  and 

further  relief,  special  and  general,  in  law  and  in  equity,  that  he  may 
be  justly  entitled  to,  etc. 


Attorney  for  Plaintiff, 


TEXAS  CIVIL  FORM  BOOK.  459 

No.  585. 

PETITION  BY  ARCHITECT. 

The  State  of  Texas,  County  of In Court  of 

County,  Texas, Term,  A.  D.  19. . 

To  the  Honorable Court  of  said  County : 

Now  comes  ,  who  resides  in  County,  Texas, 

hereinafter  called  plaintiff,  complaining  of ,  who  resides  in 

the  county  of ,  in  the  State  of  Texas,  hereinafter  styled  de- 
fendant; and  for  cause  of  action  plaintiff  represents  to  the  court  that 
heretofore,  to  wit,  on  or  about  the  ....  day  of ,  A.  D.  19  . .,  de- 
fendant employed  plaintiff  to  render  services  to  him  as  architect  in 
forming  and  drawing  plans  and  specifications,  and  making  estimates 
for,  and  superintending  the  erection  of,  a  dwelling-house  located  at 

,  in County,  Texas,  for  which  defendant  promised  to 

pay  plaintiff  the  sum  of dollars ;  that  plaintiff  has  duly  per- 
formed and  rendered  the  services  aforesaid,  whereby  said  sum  of 

dollars  has  become  due  him  from  defendant;  but  defendant,  though 
often  requested,  has  failed  to  pay  him  said  sum,  or  any  part  thereof. 
(When  the  compensation  for  services  rendered  are  not  agreed  upon,  then 
instead  of  above  count,  state  substantially  as  follows:  "That  between 

the  ....  day  of ,  A.  D.  19 . .,  and  the  ....  day  of ,  A.  D. 

19.  .,  plaintiff  rendered  service  to  defendant  at  his  special  instance  and 
request  as  architect,  in  forming  and  drawing  plans  and  specifications, 
and  making  estimates  for,  and  superintending  the  erection  of  (this  clause 
should  be  omitted  when  not  included  in  the  contract),  a  dwelling-house 

located  at ,  in County,  Texas.  That  in  consideration 

of  the  premises  defendant  promised  plaintiff  to  pay  him  on  demand  such 
sum  of  money  as  said  services  were  reasonably  worth;  that  said  services 

arc  ittisonably  worth  the  sum  of dollars,  and  afterward,  to  wit, 

on  the  ....  day  of ,  A.  D.  19.  .,  plaintiff  demanded  payment  of 

said  fcuiu,  but  to  pay  the  same,  or  any  part  thereof,  defendant  refused, 
and  still  refuses,  to  plaintiff's  damage dollars.") 

Wherefore  plaintiff  prays  the  court  that  defendant  be  cited  to  appear 

and  answer  this  petition  and  for  judgment  for  his  debt, dollars, 

interest,  damages  and  costs  of  suit,  and  for  such  other  and  further  relief, 
epcc'cii  and  general,  in  law  and  in  equity,  that  he  may  be  justly  entitled 
to,  etc. 


Attorney  for  Plaintiff, 


460  TEXAS  CIVIL  FORM  BOOK. 

No.  586. 

PETITION  OF  SURETY  AGAINST  PRINCIPAL. 

The  State  of  Texas,  County  of In Court  of 

County,  Texas, Term,  A.  D.  19 .. 

To  the  Honorable  .........  Court  of  said  County: 

Now  comes ,  who  resides  in County,  Texas, 

hereinafter  called  plaintiff,  complaining  of ......  who  resides  in 

the  county  of ,  in  the  State  of  Texas,  hereinafter  styled  de- 
fendant; and  for  cause  of  action  plaintiff  represents  to  the  court  that 

heretofore,  to  wit,  on  the  ....  day  of ,  A.  D.  19.  .,  defendant,  as 

principal,  and  plaintiff,  as  surety,  executed  and  delivered  a  certain  bond 
or  obligation  in  writing,  whereby  they  and  each  of  them  promised  to  pay 

to the  sum  of dollars  upon  condition  as  follows,  to 

wit (here  state  the  condition  of  the  bond). 

That  defendant  failed  to  perform  the  said  condition  in  said  bond  or 
obligation  in  writing  contained,  and  thereupon  both  plaintiff  and  de- 
fendant became  liable  to  pay  said  sum  of dollars,  and  plaintiff, 

as  the  surety  of  defendant,  was  compelled  to  pay,  and  did  pay,  said  sum 

on  the  ....  day  of ,  A.  D.  19  .  . ,  of  all  of  which  defendant  had  on 

said  day  due  notice. 

That  no  part  of  the  sum  so  paid  by  plaintiff  has  been  repaid  to  him, 
and  by  reason  of  the  premises  defendant  has  become  justly  indebted 

and  bound  and  liable  to  plaintiff  in  the  sum  of  dollars ;  but 

though  often  requested  he  has  hitherto  failed  and  refused  and  still  now 

refuses  to  pay  the  same  or  any  part  thereof,  to  plaintiff's  damage 

dollars. 

Wherefore  plaintiff  prays  the  court  that  defendant  be  cited  to  appear 

and  answer  this  petition  and  for  judgment  for  his  debt, dollars, 

interest  and  costs  of  suit,  and  for  such  other  and  further  relief,  special 
and  general,  in  law  and  in  equity,  that  he  may  be  justly  entitled  to,  etc. 


Attorney  for  Plaintiff,  . . 
See  Principal  and  Surety,  R.  S.  Arts.  3811-3819   (3660-3668). 


No.  587. 

PETITION  ON  AGREEMENT  FOR  PRICE  OF  GOODS  SOLD  TO  ANOTHER. 

The  State  of  Texas,  County  of In Court  of 

County,  Texas,   Term,  A.  D.  19  .. 

To  the  Honorable Court  of  said  County : 

Now  comes  ,  who  resides  in  County,  Tqxas, 

hereinafter  called  plaintiff,  complaining  of ,  who  resides  in 

the  county  of ,  in  the  State  of  Texas,  hereinafter  styled  de- 


TEXAS  CIVIL  FORM  BOOK.  4ol 

fendant;  and  for  cause  of  action  plaintiff  represents  to  the  court  that 

heretofore,  to  wit,  on  the  ....  day  of ,  A.  D.  19.  .,  plaintiff,  at 

the  instance  and  request  of  defendant,  sold  and  delivered  to  one 

on  a  credit  of months,  certain  goods,  wares  and  merchandise  of 

the  value  of dollars,  the  items  of  which  and  the  prices  therefor, 

as  well  as  the  dates  at  which  the  same  were  sold,  appear  from  the 
itemized  account  hereto  annexed  and  marked  Exhibit  "A,"  and  made  a 
part  hereof;  that  defendant,  in  consideration  that  plaintiff  should  sell 

to  said the  goods  aforesaid,  promised  in  writing,  dated  the 

....  day  of ,  A.  D.  19.  .,  and  signed  by  defendant,  to  be  answer- 
able to  the  plaintiff  for  the  payment  by  said of  the  prices 

of  the  goods  so  sold  (or  goods  sold  to  the  amount  not  exceeding  a  total 

credit  at  any  one  time  of dollars,  or  whatever  the  guaranty  may 

be),  which  said  writing  is  herewith  filed  and  marked  Exhibit  "  Bv  (or 
which  said  promise  was  written  on  the  account  aforesaid,  which  is  filed 
as  above). 

That  said  goods,  wares  and  merchandise  were  sold  and  delivered  to 

the  said on  the  faith  of  said  guaranty  of  defendant,  and 

plaintiff  duly  notified  defendant  thereof;  that  at  the  expiration  of  said 

period  of  credit,  to  wit,  on  the  ....  day  of ,  A.  D.  19 .  .,  payment 

of  said  sum  was  duly  demanded  from  said ,  but  he  totally 

failed  to  pay  the  same  or  any  part  thereof,  of  all  which  the  defendant 
had  due  notice,  whereby  defendant  promised  and  became  bound  and 
liable  to  pay  the  same;  but  though  often  requested  he  has  hitherto  failed 
and  refused  and  still  now  refuses  to  pay  the  same  or  any  part  thereof, 
to  plaintiff's  damage  dollars. 

Wherefore  plaintiff  prays  the  court  that  defendant  be  cited  to  appear 

and  answer  this  petition  and  for  judgment  for  his  debt, dollars, 

interest  and  costs  of  suit,  and  for  such  other  and  further  relief,  special 
and  general,  in  law  and  in  equity,  that  he  may  be  justly  entitled  to,  etc. 


Attorney  for  Plaintiff, 


No.  588. 
PETITION  FOR  FORECLOSURE  OF  LIEN  ON  LAND. 

The  State  of  Texas,  County  of In  District  Court  of 

County,  Texas, Term,  A.  D.  19. . 

To  the  Honorable  Judge  of  said  Court: 

Now  comes   ,  who  resides  in   County,  Texas, 

hereinafter  called  plaintiff,  complaining  of ,  who  resides  in 

the  county  of  ,  in  the  State  of  Texas,  hereinafter  styled  de- 
fendant; and  for  cause  of  action  plaintiff  represents  to  the  court  that 


462  TEXAS  CIVIL  FORM  BOOK. 

heretofore,  to  wit,  on  or  about  the  ....  day  of ,  A.  D.  19. .,  de- 
fendant made,  executed  and  delivered  to  plaintiff  his  two  several  prom- 
issory notes  for  the  sum  of dollars  each,  bearing  date  on  the  day 

and  year  aforesaid,  due  on  the  ....  day  of ,  A.  D.  19 .  .,  and  19 . . , 

each,  respectively,  payable  to  the  order  of  plaintiff,  bearing  interest  at 
the  rate  of  ...  per  cent  per  annum  from  date  unti  I  paid  and  stipulating 
for  ten  per  cent  on  the  amount  of  principal  and  interest  then  due  as 
attorney's  fees  in  case  suit  is  brought  on  same  or  if  placed  in  the  hands 
of  an  attorney  for  collection,  whereby  defendant  became  hound  and 
liable  to  pay  and  promised  to  pay  plaintiff  the  sum  of  money  in  said 
notes  specified,  together  with  all  interest  and  attorney's  fees  due  thereon 
according  to  the  tenor  and  effect  thereof. 

That  said  notes  were  given  for  a  part  of  the  purchase  money  of  the 
following  described  real  estate  and  premises,  situated  in  the  county  of 

,  in  the  State  of  Texas,  to  wit   (here  describe  the 

property)  ;  that  said  property  was  heretofore,  to  wit,  on  the  ....  day  of 

','  A.  D.  19.  .,  conveyed  by  plaintiff  to  defendant,  by  his  deed  of 

writing  of  that  date,  in  consideration,  among  other  things,  of  the  two 
notes  herein  described,  and  that  in  said  deed  of  conveyance  a  lien  was 
reserved  thereon  to  secure  the  payment  of  said  notes;  that  each  of  said 
notes  are  due  and  unpaid,  and  defendant,  though  often  requested,  has 
failed  and  refused  to  pay  said  notes,  each  or  either  of  them,  or  any  part 
thereof,  but  the  same  remains  still  due  and  unpaid.  That  said  notes 

have  been  placed  in  the  hands  of ,  an  attorney,  for  collec 

tion  and  plaintiff  has  contracted  to  pay  him  the  ten  per  cent  attorney's 
fees  stipulated  therein. 

Wherefore  plaintiff  prays  the  court  that  defendant  be  cited  to  appear 
and  answer  this  petition,  that  he  have  judgment  for  his  debt,  interest, 
attorney's  fees  and  costs  of  suit,  and  for  the  foreclosure  of  his  lien  on 
the  above  described  land  and  premises,  and  the  same  be  decreed  to  be 
sold  according  to  law;  that  the  sheriff,  or  other  officer,  executing  said 
order  of  sale,  shall  place  the  purchaser  of  said  property  sold  under  said 
order  of  sale  in  possession  thereof,  within  thirty  days  after  the  day  of 
sale,  and  for  such  other  and  further  relief,  special  and  general,  in  law 
and  in  equity,  that  he  may  be  justly  entitled  to,  etc. 


Attorney  for  Plaintiff, 
R.  S.  Arts  1340-1341   (1340-1340a). 
16  S.  W.  R.  328. 
100  S.  W.  R.  210. 


TEXAS  CIVIL  FORM  BOOK.  i63 

No.  589. 

PETITION  ON  FOREIGN  JUDGMENT. 

The  State  of  Texas,  County  of In Court  of 

County,  Texas,  Term,  A.  D.  19.  . 

To  the  Honorable   Court  of  said  County: 

Now  comes ,  who  resides  in County, , 

hereinafter  called  plaintiff,  complaining  of ,  who  resides  in 

the  county  of  ,  in  the  State  of  Texas,  hereinafter  styled  de- 
fendant; and  for  cause  of  action  plaintiff  represents  to  the  court  that 
on  the  ....  day  of  ,  A.  I).  19.  .,  he  instituted  suit  against  de- 
fendant for (here  state  the  nature  of  the  suit),  in  the 

Court  in  and  for  the  county  of ,  in  the  State  of ,  the 

same  being  a  court  of  general  jurisdiction,  and  having  jurisdiction  of 
the  person  of  defendant  and  of  the  subject  of  said  suit;  that  defendant 
was  duly  served  with  process  in  said  action,  and  appeared  thereto  hy 
his  duly  authorized  attorney  (or  here  state  such  facts  as  to  the  appear- 
ance and  service  that  may  be  applicable  to  the  case)  ;  that  such  pro- 
ceedings were  had  in  said  cause  that  afterward,  to  wit,  on  the  ....  day 

of ,  A.  I).  19.  .,  a  judgment  was  rendered  by  said  court  in  favor 

of  this  plaintiff  and  against  the  defendant  herein  for  (here 

state  the  amount  or  effect  of  said  judgment)  ;  that  no  part  of  said 
judgment  has  been  paid  (if  any  part  of  said  judgment  has  been  paid, 
then  add,  except,  etc.).  A  transcript  of  said  judgment  and  proceedings, 
duly  authenticated  as  is  required  by  law  in  such  cases,  is  herewith  filed, 
marked  Exhibit  "A,"  and  made  a  part  hereof;  that  said  judgment  still 
remains  in  full  force  and  effect,  not  reversed  or  otherwise  vacated,  and 
by  reason  of  the  premises  defendant  is  now  justly  indebted  to  plaintiff 

in  the  sum  of dollars,  with  interest  thereon  from  said  date  at  the 

rate  of  ...  per  cent  per  annum,  but  to  pay  the  same,  or  any  part  thereof, 
has  refused,  and  still  refuses,  to  plaintiff's  damage dollars. 

Wherefore  plaintiff  prays  the  court  that  defendant  be  cited  to  appear 
and  answer  this  petition,  and  for  judgment  for  the  amount  of  his  debt, 

; dollars,  interest  and  costs,  and  for  such  other  and  further  relief, 

special  and  general,  in  law  and  in  equity,  that  he  may  be  justly  entitled 
to,  etc. 


Attorney  for  Plaintiff, 
R.  S.  Art.  3359  (3208). 

Action  against. immigrant  to  this  State. 
R.  S.  Arts.  3374-3375   (3223-3224). 


464  TEXAS  CIVIL  FORM  BOOK. 

No.  590. 

PETITION   ON  JUDGMENT   OF  THIS  STATE. 

The  State  of  Texas,  County  of In Court  of 

County,  Texas, Term,  A.  D.  19 .  . 

To  the  Honorable Court  of  said  County : 

Now  comes ,  who  resides  in County,  Texas, 

hereinafter  called  plaintiff,  complaining  of ,  who  resides  in 

the  county  of  .........  in  the  State  of  Texas,  hereinafter  styled  de- 
fendant; and  for  cause  of  action  plaintiff  represents  to  the  court  that 

on  the  ....  day  of ,  A.  D.  19 . .,  at  the term,  A.  D.  19 . .,  of 

the Court  in  and  for  the  county  of ,  in  a  certain  cause 

therein  pending  numbered  ....  on  the  docket  thereof,  wherein  the  said 

".  was  plaintiff  and  the  said was  defendant,  by 

the  consideration  of  said  court  duly  given,  the  said 

recovered  against  the  said the  sum  of dollars,  with 

interest  thereon  from  the  said  ....  day  of ,  A.  D.  19.  .,  at  the  rate 

of  ....  per  cent  per  annum,  besides  his  costs  of  suit,  which  amount  to 

the  sum  of dollars,  as  by  the  record  and  proceedings  of  said  cause 

remaining  in  the clerk's  office  of  said  county  of more 

fully  appears;  that  no  execution  has  been  issued  on  said  judgment  within 
twelve  months  after  the  rendition  thereof;  that  said  judgment  has  not 
been  paid  in  whole  or  in  part,  and  still  remains  in  full  force  and  effect, 
not  reversed  or  otherwise  vacated,  and  by  reason  of  the  premises  defend- 
ant is  now  justly  indebted  to  plaintiff  in  the  sum  of dollars,  with 

interest  thereon  from  said  date  at  the  rate  of  ....  per  cent  per  annum, 
but  to  pay  the  same,  or  any  part  thereof,  has  refused,  and  still  refuses, 
to  plaintiff's  damage dollars. 

(If  the  judgment  sued  on  was  rendered  in  justice  court,  the  petition 
should  state  the  amount  and  the  facts  showing  jurisdiction  of  the 
justice.) 

Wherefore  plaintiff  prays  the  court  that  defendant  be  cited  to  appear 
and  answer  this  petition,  and  for  judgment  for  the  amount  of  his  debt, 

dollars,  interest  and  costs,  and  for  such  other  and  further  relief,. 

special  and  general,  in  law  and  in  equity,  that  he  may  be  justly  en 
titled  to,  etc. 


Attorney  for  Plaintiff, 
R.  S.  Art.  3361   (3210). 


TEXAS  CIVIL  FORM  BOOK.  165 

No.  591. 

PETITION  BY  SURETY  AGAINST  PRINCIPAL  ON  BOND. 

The  State  of  Texas,  County  of In Court  of 

County,  Texas, Term,  A.  D.  19.  . 

To  the  Honorable Court  of  said  County : 

Now  comes ,  who  resides  in County,  Texas, 

hereinafter  called  plaintiff,  complaining  of ,  who  resides  in 

the  county  of ,  in  the  State  of  Texas,  hereinafter  styled  de- 
fendant; and  for  cause  of  action  plaintiff  represents  to  the  court  thar 

heretofore,  to  wit,  on  the  ....  day  of ,  A.  D.  19.  .,  at  the  instance 

and  request  of  defendant,  and  for  his  proper  debt  and  benefit,  plaintiff, 

together  with  defendant  and  one ,  by  their  bond  of  that 

date,  duly  executed,  bound  and  obligated  themselves  jointly  and  sev- 
erally to  one ,  his  heirs,  executors,  administrators  or 

assigns,  in  the  full  and  just  sum  of dollars,  due  and  payable  on 

or  before  the  .  .  .  day  of ,  A.  D.  19.  .;  and  the  defendant,  for  and 

in  consideration  thereof,  then  and  there  promised  plaintiff  to  pay  the 

said the  sum  of dollars  with  interest,  on  or  before 

the day  of ,  A.  D.  19.  .,  and  thereby  save  him,  the  said 

plaintiff,  harmless  and  indemnified  against  the  bond  aforesaid;  that 

although  the  said  ....  day  of last  above  mentioned  has  long  since 

past,  and  said  debt  has  long  since  matured,  yet  the  defendant  has  never 

paid  the  said the  said  sum  of dollars,  nor  any  part 

thereof;  that  afterward,  to  wit,  on  the  ....  day  of ,  A.  D.  19. ., 

the  said  bond  being  then  unsatisfied,  the  plaintiff,  to  prevent  being  sued, 
was  compelled  to  pay,  and  did  pay,  and  satisfy  said  bond,  and  to  expend 
divers  sums  of  money  in  and  about  the  premises,  amounting  in  the 
aggregate  to  the  sum  of dollars. 

Plaintiff  further  alleges  that  by  reason  of  the  premises  the  defendant 

became  liable,  and  promised  to  pay  plaintiff  the  said  sum  of 

dollars,  with  interest  thereon  from  the  day  last  mentioned,  but  to  pay 
the  same,  or  any  part  thereof,  though  often  requested,  defendant  lias 
refused,  and  still  refuses,  to  plaintiff's  damage  dollars. 

Wherefore  plaintiff  prays  the  court  that  defendant  be  cited  to  appear 

and  answer  this  petition,  and  for  judgment  for  the  sum  of 

dollars,  interest  and  costs,  and  for  such  other  and  further  relief,  special 
and  general,  in  law  and  in  equity,  that  he  may  be  justly  entitled  to,  etc. 


Attorney  for  Plaintiff, 


Form  Book  — 30. 


466  TEXAS  CIVIL  FORM  BOOK. 

No.  592. 
PETITION  ON  AN  AGREEMENT  TO  INSURE  AGAINST  LOSS  BY  FIRE. 

The  State  of  Texas,  County  of In Court  of 

County,  Texas, Term,  A.  D.  19.  . 

To  the  Honorable Court  of  said  County : 

Now  comes  ,  who  resides  in  County,  Texas, 

hereinafter  called  plaintiff,  complaining  of  the Fire  Insurance 

Company  of ,  a  private  corporation  doing  business  in 

County,  Texas,  against  loss  or  damage  to  property  by  fire,  with 

,  who  resides  in  said  county,  as  its  agent,  hereinafter 

styled  defendant;  and  for  cause  of  action  plaintiff  respectfully  repre- 
sents to  the  court  that  on  the  ....  day  of ,  A.  D.  19.  .,  he  applied 

to  the  duly  authorized  agent  of  defendant  for  insurance  against  loss  or 
damage  by  fire  upon  a  certain  stock  of  goods,  wares  and  merchandise, 
then,  and  until  the  happening  of  the  loss  hereinafter  mentioned,  the 
property  of  the  plaintiff,  the  same  being  contained  in  the  one-story  brick 
store,  in  which  plaintiff  was  doing  a  mercantile  business,  situated  on 

street,  in  the  city  of ,  in Count)',  Texas ;  that 

defendant  by  its  said  agent  on  said  date  agreed  to  insure  said  stock  for 

one  year  from  the  said  date,  in  the  amount  of  dollars,  at  a 

premium  of dollars;  that  thereupon  said  agent  charged  plaintilf 

with  the  amount  of  said  premium,  and  the  same  became  a  debt  due  and 
payable  by  plaintiff  to  said  agent;  and  it  was  then  agreed  between  said 
agent  and  plaintiff  that  said  stock  of  goods,  wares  and  merchandise  was 
insured  for  said  amount  from  and  after  said  date. 

(If  the  premium  was  paid  cash  at  the  time,  then  state,  after  the 

words,  "  at  a  premium  of dollars,"  cash  in  hand  paid  by  plaintiff 

to  said  agent.) 

That  it  was  then  and  there  further  agreed  that  within  a  reasonable 
time  thereafter  a  policy  should  be  executed  by  said  company  and  de- 
livered to  plaintiff  for  said  sum  and  term,  and  at  said  premium,  and 
that  said  policy  should  be  in  the  usual  form  of  policies  issued  by  said 
company;  that  by  the  form  of  policies  usually  issued  by  said  company 

it  was  and  is  agreed,  among  other  things,  that (here  give  the 

conditions  of  the  policy  usually  issued  by  the  defendant  company). 

Plaintiff  further  alleges  that  after  said  last  mentioned  date,  and  after 
the  said  promise  that  a  policy  in  conformity  with  the  insurance  then 
made  between  himself  and  the  agent  of  defendant  should  be  executed 
and  delivered  to  plaintiff,  and  within  the  term  of  one  year  for  which 

defendant  agreed  to  insure  plaintiff,  to  wit,  on  the  ....  day  of , 

A.  D.  19.  .,  the  said  stock  of  goods,  wares  and  merchandise  in  the  said 
building  mentioned,  and  intended  to  be  insured  by  defendant,  was 
damaged  and  totally  destroyed  by  fire,  and  the  plaintiff  thereby  sus- 
tained loss  and  damage  to  a  large  amount,  to  wit,  the  sum  of 


TEXAS  CIVIL  FORM  BOOK.  407 

dollars,  and  to  more  than  the  sum  of dollars  over  and  above  all 

other  insurance  thereon. 

And  plaintiff  further  alleges  that  he  duly  performed  all  the  conditions 
required  of  him  by  the  terms  of  the  policy  to  be  issued  in  the  usual  form 
of  policies  issued  by  defendant,  and  in  due  time  after  the  fire,  and  more 

than days  before  the  commencement  of  this  action,  to  wit,  on  the 

....  day  of ,  A.  D.  19.  .,  gave  defendant  due  notice  and  proof  of 

the  fire  and  loss  aforesaid  and  demanded  payment  of  the  sum  agreed 
to  be  insured  and  insured  as  aforesaid,  whereby  defendantf  became  justly 

indebted  and  bound  and  liable  to  plaintiff  in  said  sum  of  

dollars;  but  defendant  has  ever  failed  and  refused,  and  still  fails  and 
refuses  to  pay  the  same,  to  plaintiff's  damage dollars. 

Wherefore  plaintiff  prays  the  court,  that  defendant  be  cited  to  appear 

nnd  answer  this  petition,  and  for  judgment  for  the  sum  of  

dollars,  damages  sustained,  interest  and  costs,  and  for  such  other  and 
further  relief,  special  and  general,  in  law  and  in  equity,  that  he  may  be 
justly  entitled  to,  etc. 


Attorney  for  Plaintiff, 


No.  593. 

PETITION  AGAINST  VENDOR  FOR  BREACH  OF  CONTRACT  TO  CONVEX 

LAND. 

The  State  of  Texas,  County  of In Court  of 

County,  Texas, Term,  A.  D.  19 .. 

To  the  Honorable Court  of  said  County : 

Now  comes   ,  who  resides  in  County,  Texas, 

hereinafter  called  plaintiff,  complaining  of ,  who  resides  in 

the  county  of ,  in  the  State  of  Texas,  hereinafter  styled  de- 
fendant; and  for  cause  of  action,  plaintiff  represents  to  the  court  that 

on  the  ....  day  of ,  A.  D.  19.  .,  plaintiff  and  defendant  entered 

into  an  agreement  in  writing,  by  them  subscribed,  in  words  and  figures, 

•substantially  as  follows,  to  wit  (here  copy  said  agreement)  ; 

whereby  defendant  agreed  to  sell  plaintiff,  at  the  price  and  sum  of 

dollars  per  acre,  the  following  described  property,  situated  in 

said  county  of ,  to  wit, (here  describe  the  property)  ; 

that  defendant  would,  on  the  ....  day  of ,  A.  D.  19 . .,  at , 

on  receiving  from  plaintiff  said  sum  of dollars  per  acre,  at  his 

own  expense,  execute  a  good  and  sufficient  warranty  deed,  conveying 
said  above  described  property  to  plaintiff  free  of  all  incumbrances ;  and 
plaintiff  on  his  part  agreed  that  he  would,  at  the  time  and  place  above 
mentioned,  on  the  execution  and  delivery  of  said  conveyance  to  him, 


'468  TEXAS  CIVIL  FORM  BOOK. 

pay  to  defendant  said  sum  of dollars  per  acre,  as  aforesaid,  in 

manner  and  form  as  hereinafter  stated. 

And  plaintiff  further  alleges  that  at  the  time  of  making  said  agree- 
ment he  paid  to  defendant dollars  in  part  payment  of  said  prem- 
ises, which  said  payment  was  acknowledged  in  said  agreement;  and  de- 
fendant further  agreed,  as  part  payment  of  the  purchase  money  of  said 

property,  to  receive  from  plaintiff  his  promissory  note  for dollars, 

payable years  after  date,  bearing  interest  at  the  rate  of  ....  per 

cent  per  annum  from  date  until  paid,  interest  due  and  payable  annually, 
and  providing,  if  not  paid  when  due  and  placed  in  the  hands  of  an 
attorney  for  collection,  to  pay  an  additional  sum  of  ten  per  cent  on  both 
principal  and  interest  then  due  as  attorney's  fees;  said  note  to  be 
secured  by  a  deed  of  trust  or  mortgage  upon  the  said  property  agreed 
to  be  conveyed.  And  it  was  further  agreed  that  either  party  failing  to 

perform  said  agreement  should  pay  to  the  other  dollars  as 

liquidated  damages. 

Plaintiff  alleges  that  on  the  . .  .  day  of ,  A.  D.  19.  .,  at , 

plaintiff  was  ready  and  willing  to  fulfill  the  agreement  on  his  part  in  all 
respects,  and  then  and  there  offered  to  defendant  to  accept  a  conveyance 
of.  said  property,  and  tendered  to  the  defendant  the  residue  of  that  part 
of  the  purchase  money  which  he  was  to  pay  in  cash,  and  a  deed  of  trust 
and  note  to  secure  the  balance,  as  recited  above.  But  defendant  refused 
to  convey  said  land  and  premises,  and  has  never  conveyed  the  same  to 
plaintiff,  whereby  defendant  became  indebted  to  plaintiff  in  the  said 

sum  of  dollars,  as  liquidated  damages,  and  also  to  repay  to 

plaintiff  the  said  sum  of dollars,  paid  to  defendant  as  aforesaid, 

with  interest  thereon  from  the  date  of  said  payment. 

Wherefore  plaintiff  prays  the  court  that  defendant  be  cited  to  appear 
ftnd  answer  this  petition,  and  for  judgment  for  the  sum  of dol- 
lars, damages,  interest  and  costs,  and  for  such  other  and  further  relief, 
special  and  general,  in  law  and  in  equity,  that  he  may  be  justly 
entitled  to,  etc. 


Attorney  for  Plaintiff, 


No.  594. 
PETITION  FOR  DAMAGES  FOR  DELAY  IN  DELIVERING  TELEGRAM. 

The  State  of  Texas,  County  of In Court  of 

County,  Texas, Term,  A.  D.  19 .. 

To  the  Honorable Court  of  said  County : 

Now  comes  ,  who  resides  in   County,  Texas, 

hereinafter  called  plaintiff,  complaining  of  the Telegraph 

Company,  hereinafter  styled  defendant.       That  defendant  is  a  private 


TEXAS  CIVIL  FORM  BOOK.  4G9 

corporation  duly  incorporated,  and  doing  business  in County, 

Texas,  with ,  its  agent,  who  resides  in  said  county;  and  for 

cause  of  action  plaintiff  represents  to  the  court  that  on  the  ....  day  of 

,  A.  D.  19.  .,  defendant  owned  and  operated  a  telegraph  line  from 

the  city  of ,  in County,  Texas,  to  the  city  of , 

in County,  Texas,  and  for  hire  transmitted  telegrams  for  the 

public  generally  between  said  points. 

That  on  said  day  and  year  above  mentioned  plaintiff,  then  residing  in 

the  city  of aforesaid,  was  informed  that  one ,  who 

was  plaintiff's  mother,  and  resided  in  said  city  of ,  was  then 

sick,  and  plaintiff  thereupon  instructed  one ,  who  was  his 

brother,  who  also  resided  in  said  city  of ,  to  inform  plaintiff  by 

telegraph  of  the  condition  of  the  said  That  afterward1, 

to  wit,  on  the  ....  day  of ,  A.  D.  19 . . ,  the  said ,  as 

pRBntiff's  agent,  delivered  to  the  agent  of  the  defendant,  at  its  office  in 

the  city  of aforesaid,  for  transmission  and  delivery  to  plaintiff 

in  said  city  of ,  a  telegram,  in  substance  as  follows : 

" ,  Texas, ,  A.  D.  19.. 

"To , ,  Texas: 

"  Your  mother  is  very  low ;  come  on  first  train. 


That  the  said ,  at  the  time  of  the  delivery  of  said  tele- 
gram as  aforesaid,  paid  said  agent  of  defendant  the  sum  of cents, 

the  customary  and  proper  charge  for  transmitting  the  same,  and  then 
and  there  informed  said  agent  of  the  facts  and  circumstances  requiring 
the  speedy  transmission  and  delivery  thereof.  That  plaintiff,  being  in 
a  state  of  anxiety,  and  momentarily  expecting  a  telegram  from  his  said 

agent,  called  at  the  office  of  defendant,  in ,  at  ...  o'clock  p.  m. 

on  the  ....  day  of ,  A.  D.  19.  .,  and  in  reply  to  his  inquiry  as  to 

the  receipt  of  any  message  for  him,  the  said  plaintiff  was  informed  by 
defendant's  agent  that  no  message  had  been  received;  that  afterward, 

about  . .  .  o'clock  a.  m.,  of  the  ....  day  of ,  A.  D.  19. .,  plaintiff 

again  called  at  defendant's  office  aforesaid,  and  in  reply  to  his  inquiry 
was  told  by  the  agent  of  defendant  that  none  had  been  received ;  that 

afterward,  on  the  morning  of  the  ....  day  of ,  A.  D.  19 .  . ,  said 

telegram  was  delivered  to  plaintiff,  and  plaintiff  immediately  on  its 

receipt  started  for  the  city  of by  the  usual  and  most  expeditious 

routes  of  travel,  but  his  said  mother  had  died  and  was  buried  before 
plaintiff  arrived  at  said  city  of 

Plaintiff  further  alleges  that  the  telegram  above  mentioned  was  in 
fact  correctly  transmitted  and  received  in  defendant's  office  in  the  city 

of ,  by  its  agent,  at  ....  o'clock  p.  m.  on  the  ....  day  of , 

A.  D.  19.  .;  that  if  said  telegram  had  been  delivered  to  plaintiff  when 

called  for  on  the  ....  day  of ,  A.  D.  19. .,  as  heretofore  alleged,  he 

could  and  would  have  reached  said  city  of in  time  to  have  seen 


470  TEXAS  CIVIL  FORM  BOOK. 

his  mother  alive;  and  that  if  he  had  received  said  telegram  when  he 

called  for  it  on  the  morning  of  the  ....  day  of ,  A.  D.  19. .,  as 

heretofore  alleged,  he  could  and  would  have  reached  said  city  of 

in  time  to  have  attended  the  funeral  of  his  mother. 

That  by  the  use  of  reasonable  and  proper  diligence,  defendant  could 

have  delivered  said  telegram  on  said  ....  day  of ,  A.  D.  19. .,  to 

plaintiff,  in  said  city  of ,  who  was  then  arid  there  ready  to 

receive  the  same.  That  by  reason  of  the  negligence  of  the  defendant, 
and  its  servants  and  agents,  to  deliver  said  telegram  within  a  reasonable 
time  as  aforesaid,  plaintiff  was  prevented  from  seeing  his  mother  alive 
and  from  being  present  at  her  funeral  services,  and  in  seeing  that  her 
remains  were  properly  cared  for,  and  by  reason  and  in  consequence 
thereof,  he  has  suffered  great  disappointment,  grief  and  mental  pain 

and  anguish,  to  his  damage  in  the  sum  of dollars.    And  that  by 

reason  of  the  gross  negligence  and  carelessness  of  defendant,  its  office**, 
agents  and  servants  as  aforesaid,  plaintiff  ought  to  recover  the  further 
sum  of dollars  as  exemplary  damages. 

Wherefore  plaintiff  prays  the  court  that  defendant  be  cited  to  appear 
and  answer  this  petition,  and  for  judgment  against  defendant  for  the 

sum  of dollars,  actual  damages  sustained,  and  the  sum  of 

dollars,  exemplary  damages,  for  costs  of  suit,  and  for  such  other  and 
further  relief,  special  and  general,  in  law  and  in  equity,  that  he  may  be 
justly  entitled  to,  etc. 


Attorney  for  Plaintiff, 


No.  595. 

PETITION  FOR  CONVERSION  OF  PERSONAL  PROPERTY. 

The  State  of  Texas,  County  of In Court  of 

County,  Texas,   Term,  A.  D.  19 .. 

To  the  Honorable Court  of  said  County : 

Now  comes and ,  who  reside  in 

County,  Texas,  hereinafter  called  plaintiffs,  complaining  of , 

who  resides  in  the  county  of ,  in  the  State  of  Texas,  hereinafter 

styled  defendant;  and  for  cause  of  action  plaintiffs  represent  to  the 

court,  that  on  the day  of ,  A.  D.  19. .,  plaintiffs  were  and 

still  are  partners  in  business,  under  the  firm  name  and  style  of 

}  and  on  said  date  they  owned  and  possessed  the  follow- 
ing described  property,  to  wit :     One  bale  of  lint  cotton,  weighing  500 

pounds,  of  the  value  "of  $40,  marked ,  and  100  bushels  of  com 

of  the  value  of  $50  (each  article  with  its  value  should  be  given). 


TEXAS  CIVIL  FORM  BOOK.  471 

That  afterward,  to  wit,  on  the  same  day,  defendant  unlawfully  took 
possession  of  said  property  and  converted  the  same  to  his  own  use  and 
benefit. 

(If  the  possession  of  said  property  is  such  that  demand  of  possession 
is  necessary,  then  instead  of  alleging  an  unlawful  taking  of  the  property 
state  how  defendant  came  in  possession  of  same,  and  the  date  of  demand 
and  refusal  thereof.) 

That  by  reason  of  the  wrongful  and  unlawful  taking  and  conversion 
of  said  property  by  defendant  as  aforesaid,  plaintiff  has  sustained 
damage  in  the  sum  of dollars. 

Wherefore  plaintiffs  pray  the  court  that  defendant  be  cited  to  appear 

and  answer  this  petition,  and  for  judgment  for  the  sum  of dollars 

damages,  interest  and  costs,  and  for  such  other  and  further  relief, 
special  and  general,  in  law  and  in  equity,  that  they  may  be  justly  ep- 
titled  to,  etc. 


Attorney  for  Plaintiff, 


No.  596. 

PETITION  FOR  DAMAGES  FOR  WRONGFUL  ATTACHMENT. 

The  State  of  Texas,  County  of In Court  of 

County,  Texas,   Term,  A.  D.  19 .. 

To  the  Honorable Court  of  said  County : 

Now  comes ,  who  resides  in County,  Texas, 

hereinafter  called  plaintiff,  complaining  of ; ,  who  resides  in 

the  county  of ,  in  the  State  of  Texas,  hereinafter  styled  de- 
fendant; and  for  cause  of  action,  plaintiff  represents  to  the  court  that 

heretofore,  to  wit,  on  the  ....  day  of ,  A.  D.  19. .,  defendant 

brought  suit  against  this  plaintiff  in  the Court  of 

County,  for  the  recovery  of  a  debt  due  and  owing  from  plaintiff  to  de- 
fendant, and  prosecuted  the  same  to  a  final  judgment  against  the 
plaintiff.  That  at  the  commencement  of  said  suit  the  defendant  know- 
ingly, maliciously,  and  without  probable  cause,  and  with  the  intent  to 
destroy  the  credit  and  standing  of  this  plaintiff  as  U  merchant  and  his 
reputation  as  a  man,  and  to  oppress  and  harass  him,  made  an  affidavit 
charging  him  with  having  disposed  of  his  property  with  intent  to  defraud 
his  creditors  and  caused  a  writ  of  attachment  to  be  issued  in  said  suit, 
and  to  be  levied  on  lands  the  property  of  this  plaintiff.  That  at  the 
date  of  the  commencement  of  said  suit  this  plaintiff  was  a  solvent  mer- 
chant and  of  good  reputation  and  credit. 

That  plaintiff's  reputation  and  credit  was  of  great  pecuniary  value  to 
him,  to  wit,  of  the  vahie  of dollars,  in  enabling  him  to  carry  on 


472  TEXAS  CIVIL  FORM  BOOK. 

his  business  as  a  merchant.  That  the  filing  of  said  affidavit,  and  the 
issuance  and  levy  of  said  attachment  injured  the  credit  and  standing  of 
plaintiff  as  a  merchant,  and  destroyed  his  business  as  aforesaid,  and 
alarmed  his  other  creditors,  who,  by  reason  of  said  wrongful  acts  of 
defendant,  instituted  suits  against  this  plaintiff,  and  caused  writs  of 
attachment  to  be  issued  therein,  and  levied  on  the  property  of  plaintiff. 

That  plaintiff,  before  the  levy  of  said  attachment  on  said  real  estate, 
had  contracted  to  sell  the  same  for  its  reasonable  value,  to  wit,  the  sum 
of dollars,  and  by  the  levy  of  said  writ  of  attachment  was  pre- 
vented from  completing  said  sale,  and  said  land  has  greatly  depreciated 
in  value,  and  cannot  be  sold  for  a  sum  exceeding dollars. 

That  by  reason  of  the  depreciation  in  the  value  of  his  real  estate  as 

aforesaid,  plaintiff  has  been  damaged  in  the  sum  of dollars,  and 

by  reason  of  the  impairment  of  his  credit  and  his  business,  and  the 
injury  to  his  feelings,  he  has  been  damaged  in  the  sum  of dollars. 

Wherefore  plaintiff  prays  the  court  that  defendant  be  cited  to  appear 
and  answer  this  petition,  and  that  he  have  judgment  for  his  damages, 

dollars,  and  for  the  further  sum  of  dollars  exemplary 

damages  on  account  of  the  malice  of  defendant,  *  for  costs  of  suit,  and 
for  such  other  and  further  relief,  special  and  general,  in  law  and  in 
equity,  that  he  may  be  justly  entitled  to,  etc. 


Attomev  for  Plaintiff. 


No.  597. 

PETITION  TO  SET  ASIDE  DEED  OBTAINED  BY  FRAUD. 

The  State  of  Texas,  County  of In  District  Court  of 

County.  Texas, Term,  A.  D.  19 .. 

To  the  Honorable  District  Court  of  said  County : 

Xow  comes  ,  who  resides  in  County,  Texas, 

hereinafter  called  plaintiff,  complaining  of ,  who  resides  in 

the  count}-  of  ,  in  the  State  of  Texas,  hereinafter  styled  de- 
fendant; and  for  cause  of  action  plaintiff  represents  to  the  court  that 

heretofore,  and  until  the  ....  day  of ,  A.  D.  19.  .,  she  was  the 

owner  in  fee  simple  of  a  certain  tract  of  .land,  situated  in  the  county  of 

,  in  said  State,  of  the  value  of  not  less  than  dollars, 

described  as  follows,  to  wit (here  describe  the  land). 

Plaintiff  alleges  that  she  is,  and  was  at  the  date  aforesaid,  an  un- 
married woman,  and  resided  in County,  Texas ;  that  she  has 

never  seen  the  land  above  described,  and  that  the  place  of  her  residence 
is  at  a  great  distance  from  said  land;  that  she  had  no  known  relatives 
or  friends  living  in  or  near  said  land,  and  on  said  ....  day  of , 


TEXAS  CIVIL  FORM  BOOK.  473 

A.  D.  19. .,  she  was  totally  ignorant  of  the  value  of  said  land,  and  knew 
no  one  of  whom  she  could  make  inquiries  as  to  its  value. 

That  on  or  about  the  ....  day  of ,  A.  D.  19.  .,  defendant  visited 

plaintiff  at  her  residence,  in  the  county  of ,  aforesaid,  and,  with 

the  wrongful  and  fraudulent  design  of  obtaining  her  interest  in  said 
land,  at  a  sum  below  its  real  value,  represented  to  her  that  the  same  was 
tliin  and  rocky  land,  unproductive,  and  not  fit  for  agricultural  purposes; 
that  it  was  not  near  any  railroad  or  any  town  of  considerable  size  or  im- 
portance ;  that  said  land  was  not  worth  more  than  dollars  per 

acre,  and  that  the  defendant  could  afford  and  would  pay  plaintiff  more 
for  the  land  than  anyone  else  would,  and  he  therefore  offered  plaintiff 

dollars  per  acre  for  said  land.  Plaintiff  further  alleges  that, 

relying  solely  upon  the  said  representations  of  defendant,  and  having  no 
knowledge  of  the  value  of  said  land,  except  what  defendant  had  stated, 
as  aforesaid,  and  having  no  means  of  obtaining  any  information  as  to 
the  value  thereof,  she  agreed  to  sell  said  land  to  defendant  for  said  price 

and  sum  of dollars  an  acre.  That  at  said  time  defendant  well 

knew  that  plaintiff  was  ignorant  of  the  value  of  said  land;  that  she  had 
never  seen  said  land,  and  that  she  had  no  means  of  ascertaining  its 
value;  and  that  plaintiff,  in  agreeing  to  sell  said  land  at  said  price, 
relied  solely  upon  the  representations  made  to  her  by  him. 

Plaintiff  further  alleges  that,  in  pursuance  of  said  agreement,  she 
executed  and  delivered  to  defendant  a  deed,  conveying  to  him  her  in- 
terest and  title  in  said  land,  which  deed  is  now  of  record  in  the  record 

of  deeds  of County,  Texas,  and  received  therefor  the  sum  of 

dollars,  being  at  the  rate  of dollars  an  acre.  Plaintiff  now 

says  that  all  said  representations  made  by  defendant  were  false,  and 
were  known  by  defendant  so  to  be  at  the  time  they  were  made,  and  when 
he  accepted  the  land  from  plaintiff ;  that  said  land  was  at  the  time  worth 

not  less  than dollars  an  acre ;  and  was  rich,  productive  and  fine 

agricultural  land  (here  state  such  other  facts  showing  the  falsity  of  the 
representations)  ;  and  that  defendant  well  knew  all  the  facts  last  men- 
tioned when  he  obtained  the  agreement  and  deed  from  plaintiff.  That 

afterward,  on  the  ....  day  of ,  A.  D.  19.  .,  plaintiff  discovered 

that  said  representations  so  made  by  defendant  were  untrue,  and  on  the 
same  day  tendered  to  defendant  said  sum  of  and  interest  thereon,  and 

here  now  tenders  said  sum  in  court,  to  wit,  the  sum  of dollars, 

and  demanded  that  he  should  reconvey  said  premises  to  her,  which  he 
refused  and  still  now  refuses  to  do,  to  plaintiff's  damage dollars. 

Wherefore  plaintiff  prays  the  court  that  defendant  be  cited  to  appear 
and  answer  this  petition,  and  that  she  have  judgment  that  her  said  deed 
be  canceled,  set  aside  and  annulled,  and  that  defendant  be  ordered  to 
deliver  possession  of  said  premises  to  plaintiff,  for  writ  of  possession, 
costs  of  suit,  and  for  such  other  and  further  relief,  special  and  general, 
in  la\?  and.  in  equity,  as  to  the  court  shall  seem  meet  and  just,  etc. 


Attornev  for  Plaintiff. 


474  TEXAS  CIVIL  FORM  BOOK. 

No.  598. 

PETITION   TO   SET   ASIDE   CONVEYANCE   FRAUDULENT   AS   TO 

CREDITORS. 

The  State  of  Texas,  County  of In  District  Court  of 

County,  Texas,  ' Term,  A.  D.  19 .  . 

To  the  Honorable  District  Court  of  said  County: 

Now  comes  ,  who  resides  in  County,  Texas, 

hereinafter  called  plaintiff,  complaining  of and , 

who  reside  in  the  county  of ,  in  the  State  of  Texas,  hereinafter 

styled  defendants;  and  for  cause  of  action,  plaintiff  represents  to  the 

court  that  on  the  ....  day  of ,  A.  D.  19.  .,  he  recovered  judgment 

in  the Court  of County,  Texas,  against  the  defendant 

,  for  the  sum  of dollars,  as  appears  by  the  certified 

transcript  of  the  proceedings  in  said  cause  herewith  filed,  and  marked 

Exhibit  "  A."  That  on  the  ...  day  of ,  A.  D.  19.  .,  an  abstract  of 

said  judgment,  made  and  authenticated  in  the  manner  prescribed  by  law, 

was  filed  and  recorded  in  the  judgment  record  of County,  Texas, 

and  entered  upon  the  index  of  said  record,  and  the  day  and  hour  of  such 
record  being  duly  noted  therein  by  the  clerk  of  said  court.  That  execu- 
tion issued  thereon  against  the  property  of  said ,  directed 

to  the  sheriff  of  said  county  of ,  which  said  execution  has  been 

returned  by  the  said  sheriff  wholly  unsatisfied ;  and  said  judgment  is 
wholly  unpaid  and  unsatisfied,  and  the  whole  thereof,  with  interest,  is 

still  due  plaintiff  from  the  said  (If  any  part  of  said 

judgment  has  been  satisfied  by  execution,  so  state,  and.  set  out  the  bal- 
ance still  due.) 

Plaintiff  further  alleges  that  said  defendant  ,  with  a 

view  and  with  the  intent  to  hinder,  delay  and  defraud  his  creditors,  and 

among  others  this  plaintiff  did,  on  the  ....  day  of ,  A.  D.  19 . . , 

execute  a  certain  deed  of  conveyance  of  that  date,  whereby  he  conveyed 

to  defendant the  following  described  tract  of  land,  situated 

in County,  Texas,  to  wit (here  describe  the  land)  ;  that 

the  pretended  consideration  for  said  conveyance,  and  the  amount  stated 

in  said  conveyance  as  the  consideration  therefor,  is dollars ;  that 

said  defendant  ,  immediately  upon  the  execution  and  de- 
livery of  said  deed,  caused  the  same  to  be  recorded,  and  took  possession 
of  said  land,  and  has  ever  since  remained  and  is  now  in  possession 
thereof. 

Plaintiff  alleges  that  in  truth  no  consideration  passed  from  the  said 

to  the  said ,  but  that  said  conveyance  was  a 

voluntary  one  and  without  consideration,  and  made,  as  above  stated,  for 
the  purpose  of  hindering,  delaying  and  defrauding  the  creditors  of  said 
,  and  especially  this  plaintiff,  of  which  purpose  said  de- 
fendant   was  fully  cognizant  at  the  time  such  conveyance 

was  made.  That  said  defendant has  no  other  property  out 


TEXAS  CIVIL  FORM  BOOK.  475 

of  which  the  judgment  and  execution  aforesaid  can  be  satisfied  in  whole 
or  in  part,  and  that  unless  the  property  so  fraudulently  assigned  to  de- 
fendant   ,  can  be  reached  and  applied  to  the  payment  of 

the  said  judgment,  the  same  must  remain  wholly  unpaid. 

Plaintiff  further  alleges  "that  at  the  time  of  said  pretended  conveyance 
said  abstract  of  judgment  was  on  record  in  the  judgment  records  of  said 

county,  and  defendant  had  due  notice  of  same,  and 

plaintiff,  by  reason  thereof,  had  acquired  and  has  a  preference  lien  on 
said  land. 

Wherefore  plaintiff  prays  the  court  that  defendants  be  cited  to  appear 
and  answer  this  petition,  that  said  conveyance  be  adjudged  fraudulent 
find  void  as  against  plaintiff,  that  the  same  be  set  aside  and  held  for 
naught,  that  his  said  judgment  lien  on  said  land  be  foreclosed,  and  that 
the  same  be  ordered  sold  for  the  satisfaction  of  plaintiff's  said  judgment, 
for  costs  of  suit,  and  for  such  other  and  further  relief,  special  and 
general,  in  law  and  in  equity,  as  to  the  court  shall  seem  meet  and 
just,  etc. 


Attornev  for  Plaintiff, 


No.  599. 

PETITION  FOR  BREACH  OF  WARRANTY  IN  SALE  OF  LAND. 

The  State  of  Texas,  County  of In Court  of 

County,  Texas, Term,  A.  D.  19 .. 

To  the  Honorable  Court  of  said  County : 

Now  comes  ,  who  resides  in  County,  Texas, 

hereinafter  called  plaintiff,  complaining  of ,  who  resides  in 

the  county  of  ,  in  the  State  of  Texas,  hereinafter  styled  de- 
fendant; and  for  cause  of  action  plaintiff  represents  to  the  court  that 

on  the  ....  day  of  ,  A.  D.  19 .  . ,  defendant,  by  his  deed  duly 

executed  and  delivered,  in  consideration  of  the  sum  of  dollars 

therein  mentioned,  granted,  bargained,  sold  and  conveyed  to  plaintiff 
in  fee  simple  (or  otherwise,  as  the  case  may  be),  a  certain  tract  of  land, 

situated  in County,  Texas,  described  as  follows (here 

describe  the  land). 

That  by  the  said  deed  said  defendant  did  covenant  with  plaintiff,  his 
heirs  and  assigns,  that  he  was  seized  of  an  indefeasible  estate  in  fee 
simple  in  the  land  and  premises  by  said  deed  conveyed,  and  to  warrant 
and  defend  the  title  and  possession  thereof;  that  plaintiff  aftenvard 
entered  upon  the  premises,  in  said  deed  described,  and  became  seized 
thereof. 

Plaintiff  further  alleges  that  defendant  has  not  warranted  and  de- 
fended tho  promises  to  plaintiff,  and  did  not  keep  his  covenants  and 


476  TEXAS  CIVIL  FORM  BOOK. 

agreements  in  his  said  deed  contained,  and  that  said  defendant,  at  the 
date  of  execution  and  delivery  of  his  said  deed  to  plaintiff  as  aforesaid, 
was  not  seized  of  an  indefeasible  estate  in  fee  simple  in  said  premises 

in  said  deed  described,  but,  on  the  contrary,  on  the  ....  day  of , 

A.  D.  19 .  .,  one ,  lawfully  claiming  the  said  premises  by  an 

older  and  better  title,  afterward  in  an  action  brought  by  him  in  the 

District  Court  of  County,  in  which  said  was 

plaintiff,  and  this  plaintiff  was  defendant,  did,  on  the  ....  day  of , 

A.  D.  19..,  recover  judgment  against  this  plaintiff  for  the  title  and 
possession  of  said  premises,  of  which  said  action  defendant,  on  the  .... 

day  of ,  A.  D.  19.  .,  had  due  notice,  and  was  then  and  there 

required  by  plaintiff  to  defend  the  same;  that  afterward,  and  on  the 

....  day  of ,  A.  D.  19.  .,  by  virtue  of  a  writ  of  possession,  duly 

issued  on  said  judgment,  said  did  lawfully  enter  the  said 

premises,  and  ousted  the  plaintiff  thereof,  and  still  lawfully  holds  him 

out  of  the  same,  to  plaintiff's  damage  in  the  sum  of dollars. 

(If  defendant  refused  to  defend  the  title  after  due  notice,  and  party 
was  forced  to  defend  same  at  his  own  expense,  he  should  so  state  by 
proper  allegations.) 

And  plaintiff  further  alleges  that  the  consideration  paid  by  plaintiff 

to  defendant  for  said  premises  was  the  sum  of dollars ;  that  this 

plaintiff  was  compelled  to  expend,  and  did  expend,  in  defense  of  his 
said  title,  after  notice  to  said  defendant  of  the  pendency  of  said  suit, 

the  sum  of  dollars,  and  that  he  has  sustained  damages  in  the 

sum  of dollars  by  reason  of  the  defendant's  breach  of  the  cove- 
nants in  his  said  deed  contained. 

Wherefore  plaintiff  prays  the  court  that  defendant  be  cited,  etc. 


Attorney  for  Plaintiff, 


No.  600. 

PETITION   TO  CORRECT  DESCRIPTION  OF  LAND  CONVEYED  BY  DEED. 

The  State  of  Texas,  County  of In  District  Court  of 

County,  Texas, Term,  A.  D.  19.  . 

To  the  Honorable  District  Court  of  said  County: 

!STow  comes  ,  who  resides  in   County,  Texas, 

hereinafter  called  plaintiff,  complaining  of ,  who  resides  in  the 

county  of ,  in  the  State  of  Texas,  hereinafter  styled  defendant; 

and  for  cause  of  action  plaintiff  represents  to  the  court  that  on  the  .... 

day  of ,  A.  D.  19.  .,  defendant  executed  and  delivered  to  plaintiff 

a  deed  conveying  to  him  a  certain  tract  of  land,  situated  in  the  county 

of ,  in  the  State  of  Texas,  described  as  follows,  to  wit 

(here  describe  the  land)  ;  that  said  deed  was  for  a  valuable  considera- 


TEXAS  CIVIL  FOIUI  BOOK.  477 

tion,  to  wit, dollars,  which  said  consideration  plaintiff  then  and 

there  paid  to  defendant. 

That  the  description  contained  in  said  deed  of  the  land  intended  to  be 
conveyed  thereby  was  erroneous,  and  does  not,  in  fact,  describe  the 
premises  purchased  by  plaintiff  and  intended  to  be  conveyed  by  defend- 
ant ;  that  whereas  said  description  describes  the  tract  of  land  as 

(here  insert  that  part  of  the  description  in  deed  which  is  incorrect), 

when  the  same  should  have  been  described  as  follows   (here 

insert  the  correct  description)  ;  and  that  in  order  to  make  said  deed  pass 
to  plaintiff  the  premises  designed  and  intended  to  be  purchased  and  con- 
veyed, said  description  should  be  amended  by  substituting  the  clause 
last  above  for  that  inserted  by  mistake,  so  that  the  whole  description 

should  read  as  follows,  to  wit (here  insert  correct  description 

of  the  land  as  it  should  have  been  described  in  deed). 

That  said  deed  of  conveyance  was  so,  as  aforesaid,  incorrectly  written 
by  the  mistake  of  the  writer  who  drew  the  same ;  that  it  did  not  express 
the  mutual  intent  of  the  parties,  but  was  executed  and  delivered  by 
defendant,  and  was  received  by  plaintiff,  under  a  mutual  mistake  of  fact 
as  to  the  said  description  of  said  land;  and  plaintiff  has  requested  and 
demanded  of  defendant  that  he  execute  to  him  a  correct  and  proper 
deed  of  said  premises,  but  defendant  has  ever  failed  and  refused  and 
neglected,  and  still  refuses  and  neglects,  to  comply  with  said  request 
and  demand. 

Wherefore  plaintiff  prays  the  court  that  defendant  be  cited  to  appear 
and  answer  this  petition,  and  for  judgment  of  this  court  directing  and 
compelling  defendant  to  execute  a  new  and  reformed  deed  which  shall 
properly  describe  said  premises,  for  costs  of  suit,  and  for  such  other  and 
further  relief,  special  and  general,  in  law  and  in  equity,  that  he  may  be 
justly  entitled  to,  etc. 


Attorney  for  Plaintiff, 


No.  601. 

PETITION  FOR  SPECIFIC  PERFORMANCE  OF  CONTRACT  FOR  SALE  OF 

REAL  ESTATE. 

The  State  of  Texas,  County  of In  District  Court  of 

County,  Texas, Term,  A.  D.  19 .. 

To  the  Honorable  District  Court  of  said  County: 

Now  comes ,  who  resides  in   County,  Texas, 

hereinafter  called  plaintiff,  complaining  of ,  who  resides  in 

the  county  of ,  in  the  State  of  Texas ;  and  for  cause  of  action 

plaintiff  represents  to  the  coiirt  that  prior  to  and  on  the  ....   day  of 


478  TEXAS  CIVIL  FORM  BOOK. 

,  A.  D.  19 .  .,  he  was  the  owner  in  fee  simple  in  his  own  right,  of 

the  following  described  lands  and  tenements,  situated  in   

County,  Texas,  to  wit (here  describe  the  premises). 

That  being  desirous  of  selling  the  same  he  entered  into  an  agreement 

in  writing  on  the  ...  day  of ,  A.  D.  19.  .,  with  the  said  defendant, 

whereby  plaintiff,  in  consideration  of  the  sum  of dollars,  to  be 

paid  as  therein  and  hereinafter  mentioned,  agreed  that  he  or  his  heirs 

would,  on  or  before  the  ....  day  of ,  A.  D.  19. .,  by  a  good  and 

sufficient  conveyance,  with  the  usual  covenants  of  warranty,  convey  to 
said  defendant,  or  his  heirs,  free  from  all  incumbrances,  the  premises 
aforesaid,  as  will  more  fully  appear  by  reference  to  said  agreement  here- 
with filed,  marked  Exhibit  "  A/'  and  made  a  part  of  this  petition.  That 
the  said  defendant  did  thereby,  and  in  consideration  thereof,  agree  with 
said  plaintiff  that  he,  the  said  defendant,  would  pay,  or  cause  to  be  paid, 
to  said  plaintiff,  his  heirs,  executors  or  administrators,  the  said  sum  of 

dollars,   immediately   upon   executing   the   said   conveyance    as 

aforesaid. 

That  plaintiff  has  heretofore,  and  before  and  on  the  day  mentioned  in 
said  agreement  for  the  execution  and  delivery  of  said  conveyance,  to  wit, 

on  the  ....  day  of ,  A.  D.  19 .  .,  informed  defendant  of  his,  the 

said  plaintiff's,  willingness  and  readiness  to  execute  and  deliver  to  him 
a  proper  conveyance  of  said  premises,  and  offered  to  do  so  on  payment 

of  said  sum  of dollars,  and  thereupon  tendered  to  defendant  his 

deed  of  conveyance  of  said  premises,  duly  executed  and  acknowledged, 
and  requested  said  defendant  to  pay  him,  the  said  plaintiff,  the  said 
sum  of dollars,  and  receive  said  conveyance ;  but  that  said  de- 
fendant refused,  and  has  continually  since  that  time,  and  still  does 

refuse,  to  accept  such  conveyance,  or  pay  said  sum  of dollars,  or 

any  part  thereof.  That  plaintiff  at  the  time  of  said  offer  and  agreement 
was,  and  has  ever  since  continued  and  still  is,  seized  in  fee  simple  of  a 
good  and  indefeasible  estate  in  said  premises,  free  from  all  incumbrances. 

Wherefore  plaintiff  prays  the  court  that  defendant  be  cited  to  appear 
and  answer  this  petition,  and  that  he  have  judgment  that  defendant 
specifically  perform  and  carry  into  execution  the  said  articles  of  agree- 
ment. 

That  plaintiff  now  brings  into  court  his  deed  of  conveyance  as  afore- 
said, and  tenders  the  same  to  defendant.  Plaintiff  further  prays  that 

he  have  judgment  against  said  defendant  for  said  sum  of dollars, 

with  interest  thereon  from  the  ....  day  of ,  A.  D.  19.  .,  and  for 

costs  of  suit,  and  for  the  foreclosure  of  the  vendor's  lien  upon  the  prem- 
ises above  mentioned.  And  should  the  proceeds  of  said  sale,  under  the 
foreclosure  of  said  lien,  be  insufficient  to  pay  the  amount  of  the  judg- 
ment herein  rendered,  that  he  have  execution  for  tlje  balance  remaining 
unpaid,  and  for  such  other  and  further  relief,  special  and  general,  in 
law  and  in  equity,  that  he  may  be  justly  entitled  to,  etc. 


Attorney  for  Plaintiff, 


TEXAS  CIVIL  FORM  BOOK.  479 

No.  602. 

PETITION   FOR   SPECIFIC  PERFORMANCE  AGAINST   VENDOR. 

The  State  of  Texas,  County  of In  District  Court  of 

County,  Texas, Term,  A.  D.  19 . . 

To  the  Honorable  District  Court  of  said  County: 

Now  comes ,  who  resides  in County,  Texas, 

hereinafter  called  plaintiff,  complaining  of ,  who  resides  in 

the  county  of ,  in  the  State  of  Texas,  hereinafter  styled  defend- 
ant ;  and  for  cause  of  action  plaintiff  represents  to  the  court  that  on  the 
....  day  of ,  A.  D.  19. .,  the  said  defendant  was  seized  and  pos- 
sessed of  a  certain  tract  of  land  and  tenements,  situated  in  said  county 

of  ,  described  as  follows,  to*  wit  (here  describe  the 

premises).  Defendant,  on  said  date  above  mentioned,  entered  into  a 
written  contract  with  plaintiff  for  the  sale  of  said  land  and  tenements, 

to  said  plaintiff,  at  and  for  the  price  of dollars,  wherein  said 

parties,  plaintiff  and  defendant,  stipulated  and  agreed (here 

give  the  material  provisions  of  the  contract),  as  will  more  fully  appear 
by  reference  to  said  contract  herewith  filed,  marked  Exhibit  "  A,"  and 
made  a  part  of  this  petition. 

That  at  the  time  of  the  execution  of  said  contract  plaintiff  paid  to 

the  defendant  the  sum  of dollars,  as  a  deposit  and  in  part  of  his 

said  purchase  money,  and  the  said  defendant  has  since  delivered  up 
possession  of  said  premises  to  the  plaintiff.  The  plaintiff  has  always 
been  and  is  ready  to  perform  his  part  of  the  said  contract,  and  on  having 
a  good  and  sufficient  conveyance  of  said  premises  made  to  him,  in  accord- 
ance with  the  terms  and  stipulations  of  said  contract,  to  pay  the  residue 
of  the  purchase  money  to  the  said  defendant. 

That  the  said  defendant  is  able  to  make  a  good  and  sufficient  title  to 
the  said  premises,  if  he  thinks  proper  so  to  do,  but  refuses  and  declines 
to  make  a  good  and  sufficient  title  to  the  same,  although  the  plaintiff 
has  demanded  the  same  from  him,  and  required  him  so  to  do,  to  wit, 

on  the  ....  day  of ,  A.  D.  19. .  (here  give  the  day  and  year 

mentioned  in  the  contract,  if  any),  and  at  the  same  time  offered  to  pay 
him  the  residue  of  the  purchase  money  upon  having  a  proper  convey- 
ance of  said  premises  executed  by  the  defendant  to  ihe  plaintiff,  his 
heirs  and  assigns.  That  the  whole  of  the  residue  of  the  purchase  money 
of  the  said  premises  has  been  ready  and  unproductive  in  his  hands  for 
completing  the  said  purchase  from  the  time  it  ought  to  have  been  com- 
pleted by  the  terms  of  said  contract,  and  plaintiff  has  ever  been  ready, 
willing  and  able  to  perform  his  part  of  said  contract. 

Wherefore  plaintiff  prays  the  court  that  defendant  be  cited  to  appear 
and  answer  this  petition,  and  that  he  have  judgment  that  the  defendant 
specifically  perform  the  said  contract  or  covenant  entered  into  with  the 
plaintiff  as  aforesaid,  and  make  a  good  and  sufficient  title  to  the  said 


480  TEXAS  CIVIL  FORM  BOOK. 

premises,  the  said  plaintiff  being  ready  and  willing,  and  hereby  offering 
specifically  to  perform  the  said  contract  on  his  part,  and  upon  the  said 
defendant  executing  a  proper  conveyance  of  said  premises  to  the  plain- 
tiff, pursuant  to  the  terms  of  said  contract,  to  pay  to  the  said  defendant 
the  residue  of  said  purchase  money,  for  costs  of  suit,  and  for  such  other 
and  further  relief,  special  and  general,  in  law  and  in  equity,  that  plaintiff 
may  be  justly  entitled  to,  etc. 


Attorney  for  Plaintiff, 


No.  603. 
PETITION  FOR  FORECLOSURE  ON  DELINQUENT  TAXES. 

State  of  Texas,  County  of No In  the  District  Court 

of   County,  Texas,   ....   Judicial  District. 

To  the  Honorable  Judge  of  said  Court: 

1st.  Now  comes  the  State  of  Texas,  hereinafter  styled  plaintiff,  repre- 
sented herein  by  the  county  attorney  of  said  County    , 

complaining  of ,  who  owned  the  real  estate  hereinafter  de- 
scribed at  the  time,  and  to  whom  and  against  whom  the  taxes  herein- 
after scheduled  were  listed,  levied  and  assessed,  complaining  of 

,   the  present   owner    of  said  real   estate, 

complaining  of   ,  the  present  mortgagee. .,  lien  holder. ., 

or  claimant.  .  of  the  said  real  estate,  and  complaining  of  the  above 
named  and  all  other  parties  owning,  having  or  claiming  any  interest  in 
the  land  herein  mentioned,  or  any  part  thereof,  hereinafter  called  de- 
fendants, respectfully  alleges  that  all  of  the  said  named  defendants 
reside  in County,  Texas,  except  the  following :  


2d.  Except  as  herein  stated,  the  name .  .  of  the  owner .  .  of  the  said  real 
estate,  any  interest  therein,  or  part  thereof,  and  the  place  of  residence 
of  the  said  defendants  are  unknown  to  the  attorney  for  the  State,  and, 
after  inquiry,  cannot  be  ascertained. 

3d.  Heretofore,  as  required  and  in  due  compliance  with  the  Consti- 
tution and  law,  the  said  taxes  to  be  hereinafter  scheduled  were  listed, 

levied  and  assessed  by  the  legal  officers  of  County,  and  the 

State  of  Texas,  against  whom  and  to  whom,  and  against  and  upon  the 
land  it  is  herein  alleged  the  said  taxes  were  listed,  levied  and  assessed, 
and  the  said  taxes  were  not  paid  within  the  time  allowed  before  becom- 
ing subject  to  the  law  relating  to  delinquent  taxes,  and  the  said  taxes 


TEXAS  CIVIL  FORM  BOOK.  131 

are  now  due  and  delinquent.  The  said  State,  county,  poll  and  school 
taxes,  including  a  penalty  of  10  per  cent  thereof  for  each  year,  includ- 
ing and  since  the  year  1897,  for  which  the  said  taxes  are  delinquent, 
with  6  per  cent  interest  per  annum  from  the  first  day  of  January  next 
succeeding  the  year  for  which  the  said  taxes  are  delinquent,  all  fees  due 
the  tax  collector  and  county  clerk,  and  all  advertising  fees  for  publish- 
ing the  said  taxes  and  real  estate  in  a  newspaper,  are  fully  and  speci- 
fically stated  in  the  schedule  hereinafter  set  out,  and  all  of  which  are 
now  delinquent,  unpaid  and  due  to  the  plaintiff. 

4th.  The  said  taxes  have  been  heretofore  in  all  respects  listed,  levied, 
assessed,  returned  delinquent,  or  said  real  estate  reported  sold  to  the 
State;  all  lists  prepared,  filed,  approved,  recorded,  advertised  in  a  news- 
paper, and  said  advertised  list  of  said  taxes  and  real  estate  filed  by  the 

officers  and  courts  of  the  said  State  of  Texas  and County,  as 

required  by  the  law  of  taxation  in  this  State,  and  all  the  require- 
ments of  the  Constitution  and  law  have  been  complied  with  by  the 
officers  and  courts  charged  with  any  duty  thereunder  as  to  the  regu- 
larity of  listing,  levying,  assessing,  returning  delinquent  or  reporting 
the  said  real  estate  sold  to  the  State;  preparing,  filing,  approving  and 
recording  said  lists,  advertising  and  filing  said  advertised  lists  of  said 
taxes  and  real  estate  alleged  to  be  delinquent,  and  the  amount  of  the  said 
taxes,  penalty,  interest,  fees  and  all  court  costs,  are  a  true  and  correct 
charge  against  each  and  all  of  the  lots  and  tracts  of  land  described  in 
the  said  schedule,  and  after  a  due  compliance  with  all  the  preliminary 
requirements,  and  after  the  lapse  of  due  time  before  institution  of  suit, 
essential  for  the  collection  of  said  taxes  by  suit  and  foreclosure  in  the 

District   Court,  the   Commissioners'   Court  of    County  duly 

•ordered  suit  filed  for  the  collection  of  said  delinquent  taxes. 


Form  Book  —  31. 


482 


TEXAS  CIVIL  FORM  BOOK. 


Schedule  of  the  Real  Estate  in  county.  Texas,  and  Taxes  hereinbefore  referred  to,  including  Poll  and  School  Taxes,  and  all  fees 
that  have  accrued  bv  reason  of  said  listing,  levying,  assessing,  returning,  reporting,  filing,  approving,  recording,  advertising,  and  filing 
said  advertised  list  of  said  taxes  now  delinquent,  due  and  unpaid,  for  the  years  herein  scheduled,  and  for  which  a  tax  lien  has  been  fixe*! 
and  is  now  claimed  bv  the  plaintiff  on  all  the  land  and  any  party  thereof  in  county,  Texas,  and  which  is  herein  scheduled.  Unless 
herein  specified,  all  Poll  nnd  School  Taxes  are  included  with  the  amount  specified  as  State  and  County  Taxes;  all  interest  and  penalty, 
unless  specified,  is  to  be  computed  and  added  to  said  amounts  as  alleged.  The  amount  of  values  and  Taxes  are  expressed  in  dollars 
and  cents.  All  lot,  block  and  tract  numbers  are  inclusive  of  all  numbers  appearing. 

5 

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J  III 

TEXAS  CIVIL  FORM  BOOK.  483 

For  further  and  more  complete  description  of  the  real  estate  referred 
to  in  above  schedule  reference  is  hereby  made  to 

5th.  By  reason  of  the  said  listing,  levying  and  assessing  of  the  said 
taxes  against  whom  and  to  whom  and  against  and  upon  the  real  estate 
same  are  herein  alleged  to  have  been  listed,  levied  and  assessed,  the  said 
taxes,  penalty,  interest,  fees  and  all  court  costs  are  a  just  and  valid  debt, 
and  personal  liability  against  whom  the  said  taxes  were  listed,  levied 
and  assessed,  and  the  amount  of  the  said  taxes,  penalty,  interest,  fees 
and  court  costs  arising  thereby  are  due,  unpaid,  and  so  claimed  by  the 
plaintiff. 

6th.  By  reason  of  the  said  listing,  levying,  assessing,  returning  delin- 
quent, or  reporting  said  real  estate  sold  to  the  State,  preparing,  filing, 
approving,  recording,  advertising  and  filing  said  advertised  lists  of  said 
taxes  and  real  estate,  as  required  by  the  Constitution  and  law,  by  the 
officers  and  courts  acting  by  virtue  thereof,  the  plaintiff  now  has  and 
asserts  a  lien,  so  fixed  by  the  Constitution  and  law,  on  said  real  estate 
described  and  mentioned  in  the  above  schedule  to  secure  the  payment 
of  the  amount  of  the  said  taxes,  penalty,  interest,  fees,  all  as  shown  bj 
above  schedule,  and  all  court  costs  incurred  in  all  suits  filed  to  collect  said 
taxes  and  enforce  said  lien,  and  the  said  assessment  lists,  rolls  or  books, 
delinquent  lists,  advertised  lists,  inventories  and  any  other  record  evi- 
dence made,  authorized,  ordered,  filed,  approved,  reported  and  accepted 

by  any  of  the  officers  and  courts  of  said County  and  State  of 

Texas,  mentioning,  describing  and  in  any  manner  referring  to  the  said 
taxes,  penalty,  interest,  fees  and  court  costs,  and  said  land  or  either 
thereof  may  be  introduced  by  the  plaintiff  as  evidence  upon  the  trial 
of  this  cause. 

7th.  The  said  present  owner. .,  mortgagee.  .,  lienholder.  .  and  claim- 
ant. .  of  said  land  are  seeking  to  assert  some  right  to,  interest  in,  lien 
on  or  claim  against  the  said  land,  or  some  part  thereof,  but  if  any  they 
have,  it  is  inferior  to  and  subject  to  the  rights  of  the  plaintiff  to  enforce 
the  said  lien  for  the  amount  of  the  said  taxes,  penalty,  interest,  fees 
and  court  costs  against  the  said  land. 

8th.  Wherefore,  premises  considered,  the  plaintiff  prays  that  each  and 
all  of  the  defendants  be  served  with  citation  hereof  in  the  terms  of  the 
law,  and  upon  final  hearing  of  this  petition,  the  plaintiff  have  a  personal 
judgment  against  all  parties  against  whom  the  said  taxes  were  assessed 
for  the  amount  of  the  said  taxes,  penalty,  interest,  fees  and  all  court 
costs,  for  a  judgment  of  foreclosure  of  the  said  tax  lien  on  each  and 
every  lot  and  tract,  and  all  the  said  lots  and  tracts  of  land  against  each 
and  all  of  the  said  defendants ;  that  an  order  of  sale  issue  and  a  writ  of 
.possession  be  granted  to  each  and  every  purchaser  of  any  lot  or  tract 
of  the  said  land,  placing  such  purchaser  or  purchasers  in  the  possession 
of  said  real  estate  within  the  time  and  in  the  manner  provided  by  law, 


484  TEXAS  CIVIL  FOEM  BOOK. 

and  for  such  other  and  further  general  or  special  legal  and  equitable 
relief  to  which  the  plaintiff  may  be  entitled  under  the  law  and  the  facts. 


County  Attorney, County,  Texas. 

State  of  Texas,  County  of   

Before  me,  the  undersigned  authority  in  and  for  the  said  county  and 

State,  on  this  day  personally  appeared    ,  known   to  me, 

and  being  by  me  duly  sworn,  on  oath  says  that  he  is  the  attorney  bring- 
ing this  suit,  and  that  the  statements  contained  in  the  foregoing  petition 
are  true  to  the  best  of  the  knowledge  and  belief  of  the  affiant. 


Sworn  to  and  subscribed  before  me,  this  the  ....  day  of ,19, 


INDORSEMENT   ON   THE  BACK. 

No 

.  .District   Court. 


TAXES. 


The  State  of  Texas 
vs. 


Plaintiff's 

Original  petition. 

Filed  .  19 


Clerk  District  Court,   County,  Texas. 

By   ,  Deputy. 


No.  604. 

PLEA  IN  INTERVENTION. 

vs No In  District  Court  of 

County,  Texas, Term,  A.  D.  19 . . 

And  now  comes  your  intervener, ,  who  resides  in 

County,  Texas,  and  represents  to  the  court  that  he  is  interested  in  the 
subject  matter  in  controversy  in  the  above  entitled  and  numbered  suit, . 
and  has  a  cause  of  action  against  the  parties  thereto  in  this,  that  hereto- 
fore, to  wit,  on  or  about  the day  of  ......  A.  D.  19.  .,  the  plaintiff 

, ,  instituted  this  suit  against  the  defendant, , 


TEXAS  CIVIL  FORM  BOOK.  485 

for  the  recovery  of  the  sum  of dollars,  alleged  therein  to  be  due 

and  owing  to  the  said 

That  on  same  day  plaintiff  caused  a  writ  of  attachment  to  be  issued 

out  of  this  cause,  which  was  afterward,  to  wit,  on  the  ....  day  of , 

A.  I).  19.  .,  levied  on  a  certain  stock  of  goods,  wares  and  merchandise, 

the  property    of   the   defendant,    That   afterward,   by 

virtue  of  an  order  of  the  judge  of  this  court,  made  in  chambers,  the  said 
goods,  wares  and  merchandise  seized  under  said  writ  of  attachment  were 
sold  by  the  officer  to  whom  said  writ  was  directed,  and  the  net  proceeds 

thereof,  to  wit,  the  sum  of dollars,  were  paid  into  the  registry  of 

this  court. 

That  at  and  before  the  commencement  of  this  suit,  to  wit,  on  the 

....  day  of ,  A.  D.  19.  .,  the  defendant, ,  was,  and 

now  is,  justly  indebted  to  this  intervener  in  the  sum  of dollars, 

evidenced  by  promissory  note  for  the  sum  of dollars  executed  by 

the  said  defendant,   ,  payable  to  the  order  of  this  intev- 

vener,  and  due  on  the  ....  day  of ,  A.  D.  19 .  .,  dated  on  the  .... 

day  of ,  A.  D.  19.  .,  and  bearing  interest  at  the  rate  of  ....  per 

cent  per  annum  from  date  until  paid. 

That  on  said  day  this  intervener  instituted  his  suit  in  this  court 

against  said ,  the  defendant  in  this  suit,  for  the  recovery 

of  said  indebtedness,  and  sued  out  a  writ  of  attachment  thereon,  which 

was  afterward,  to  wit,  on  the day  of  .  . . .,  A.  D.  19.  .,  levied  on 

the  stock  of  goods,  wares  and  merchandise,  the  property  of  the  defend- 
ant,   ,  being  the  same  goods,  wares  and  merchandise  upon 

which  the  writ  of  attachment  first  heretofore  mentioned  was  levied. 
That  by  reason  of  said  levy  this  intervener  has  acquired  a  lien  upon  said 
goods,  wares  and  merchandise,  and  upon  the  proceeds  of  said  sale  hereto- 
fore mentioned  and  remaining  in  the  registry  of  this  court. 

And  this  intervener  now  alleges  that  the  said  suit  of 

against ,  hereinbefore  mentioned,  was  and  is  collusively  in- 
stituted and  prosecuted  by  said at  the  special  instance  and 

request  of  the  defendant,    ,  with  intent  to  hinder  and 

defraud  the  creditors  of  the  said ,  defendant,  and  especially 

th'is  intervener,  of  his  lawful  demands,  all  of  which  was  known  to  said 

(plaintiff).     That  the  claim  mentioned  in  said  suit  and 

upon  which  said  action  is  based  was  not  at  the  time  of  the  institution 
of  said  suit,  and  is  not  now,  a  just,  valid,  or  legal  claim  against  the  said 

,  defendant,  but  then  was  and  now  is  wholly,  or  in  a  large 

part,  fictitious,  pretended  and  colorable  only,  and  was  and  is  not  based 
upon  any  valid  or  legal  consideration. 

And    intervener   believes    and    so    alleges    that    the    claim    of  said 

,  plaintiff  in  this  suit,  was  contrived  and  sued  upon  with 

the  intent  and  purpose,  on  the  part  of  plaintiff,  and  by  collusion  with 
the  defendant,  to  protect  said  defendant  from  his  debts,  and  thereby 
hinder,  delay  and  defraud  this  inTervener  of  his  just  debt,  due  and  owing 
to  him  by  the  said ,  defendant  in  this  suit. 


486  TEXAS  CIVIL  FORM  BOOK. 

Wherefore  petitioner  prays  that  he  be  allowed  to  intervene  in  this 
suit,  that  the  suit  now  pending  in  this  court,  entitled  on  the  docket  No. 
. . .  .,  wherein  your  intervener  is  plaintiff  and is  defend- 
ant be  consolidated  with  this  suit;  that  he  have  judgment  against 
,  defendant,  for  his  debt  and  the  foreclosure  of  his  attach- 
ment lien,  and  that  said  judgment  have  priority  of  payment  over  any 

judgment  rendered  in  said  suit  in  favor  of  the  said ,  out  of 

the  money  aforesaid  now  in  the  registry  of  this  court,  and  out  of  any 

property  or  effects  of  the  said    ,  for  costs  of  suit,  and 

for  such  other  and  further  relief,  special  and  general,  in  law  and  in 
equity,  that  he  may  be  justly  entitled  to,  etc. 


Attorney  for  Plaintiff, 


No.  605. 

PETITION  FOR  AN  ACCOUNT   OF  PARTNERSHIP  DEALINGS   AFTER 

DISSOLUTION. 

The  State  of  Texas,  County  of In  District  Court  of 

County,  Texas, Term,  A.  D.  19.  . 

To  the  Honorable  District  Court  of  said  County : 

Now  comes ,  who  resides  in County,  Texas, 

hereinafter  called  plaintiff,  complaining  of ,  who  resides  in 

the  county  of ,  in  the  State  of  Texas,  hereinafter  styled  de- 
fendant; and  for  cause  of  action  plaintiff  represents  to  the  court  that 

on  or  about  the  ....  day  of ,  A.  D.  19.  .,  plaintiff  and  defendant 

entered  into  copartnership  together  as (here  state  generally 

the  business),  plaintiff  agreeing  to  bring  into  the  business  the  sum  of 

dollars,  and  being  entitled  to  receive part  or  share  of  the 

profits,  and  the  defendant  agreeing  to  bring  into  the  business  the  sum 

of dollars,  and  being  entitled  to  receive parts  or  shares  of 

the  profits. 

That  the  plaintiff  according  to  agreement  brought  into  the  business 
the  said  sum  of  ....  dollars,  and  the  defendant  brought  into  the  busi- 
ness the  said  sum  of  ....  dollars.  That  said  copartnership  was  carried 

on  and  continued  until  the  ....  day  of ,  A.  D.  19. .,  when  the 

same  was  dissolved  by  mutual  consent. 

That  said  copartnership  business  was  carried  on  in  a  building  in  the 

city  of ,  in County,  Texas,  which  at  the  time  of  the 

dissolution  of  said  copartnership  was  held  by  said  partners  under  an 

agreement  for  a  lease  for years  from  the  ....  day  of , 

A.  D.  19. .,  and  it  was  verbally  agreed  between  said  partners  that  the 
defendant  should  take  to  himself  the  benefit  of  said  agreement,  account- 
ing to  the  plaintiff  for  his  proportion  of  the  value  thereof;  and  in  pur- 


TEXAS  CIVIL  FORM  BOOK.  487 

suance  of  such  agreement  the  defendant  has  ever  since  continued  and 
now  is  in  possession  of  said  building. 

Plaintiff  says  that  no  settlement  of  the  copartnership  accounts  has 
ever  been  made  between  plaintiff  and  defendant,  though  the  plaintiff, 
since  the  dissolution,  has  repeatedly  applied  to  the  defendant  to  come 
to  a  final  settlement  with  respect  thereto,  which  the  defendant  refuses 
to  do.  That  the  defendant  has  possessed  himself  of  the  partnership 
books,  and  has  refused,  and  still  refuses,  to  permit  the  plaintiff  to  inspect 
the  same,  and  has  also  refused  to  render  the  plaintiff  any  account  of  the 
copartnership  moneys  received  by  him. 

That  the  plaintiff  since  dissolution  has  paid  the  sum  of dollar? 

on  account  of  partnership  debts.  Arid  the  plaintiff  alleges,  on  informa- 
tion and  belief,  that  upon  a  true  and  just  settlement  of  said  accounts, 

a  considerable  balance,  to  wit,  the  sum  of dollars,  is  due  from  the 

defendant  to  the  plaintiff  in  respect  of  their  said  copartnership  dealings; 
but  that,  nevertheless,  the  said  defendant  is  proceeding  to  collect  the 
said  copartnership  debts,  and  to  apply  the  same  to  his  own  use,  which  he 
is  enabled  to  do  by  means  of  his  possession  of  the  books  of  account  as 
aforesaid. 

Wherefore  plaintiff  prays  the  court  that  defendant  be  cited  to  appear 
and  answer  this  petition,  and  for  judgment  that  an  account  be  taken  of 
all  and  every  the  late  copartnership  dealings  and  transaction,  and  that 
defendant  be  adjudged  to  pay  to  the  plaintiff  what,  if  anything,  shall 
appear  upon  such  accounting  to  be  due  from  him,  the  plaintiff  being 
ready  and  willing,  and  hereby  offering,  to  pay  to  the  defendant  what,  if 
anything,  shall  appear  to  be  due  to  him  from  the  said  joint  concern, 
that  some  proper  person  be  appointed  to  receive  and  collect  all  moneys 
that  may  be  coming  to  the  credit  of  said  late  copartnership,  and  that 
the  defendant  in  the  meantime  be  restrained,  by  order  of  the  court,  from 
collecting  or  receiving  any  of  the  debts  due  and  owing  thereto,  for  cost? 
of  suit,  and  for  such  other  and  further  relief,  special  and  general,  in  law 
and  in  equity,  that  he  may  be  justly  entitled  to,  etc. 


Attorney  for  Plaintiff,, 


The  State  of  Texas,  County  of 

t  solemnly  swear  that  I  am  the  plaintiff  in  the  above  cause,  and  that 
the  matters  stated  in  the  above  and  foregoing  petition  are  true. 


Sworn  to  and  subscribed  before  me,  under  my  official  hand  and  seal, 

this  the day  of ,  A.  D.  19 . . 

(Seal.)  

Notarv  Public  in  and  for  .  .  Count v,  Texas. 


488  TEXAS  CIVIL  FORM  BOOK. 

No.  606. 
PETITION  TO  CLOSE  UP  PARTNERSHIP. 

The  State  of  Texas,  County  of In  District  Court  of 

County,  Texas, Term,  A.  D.  19 .. 

To  the  Honorable  District  Court  of  said  County : 

Now   comes ,   who  resides  in County,   Texas, 

hereinafter  called  plaintiff,  complaining  of and , 

who  reside  in  the  county  of ,  in  the  State  of  Texas,  hereinafter 

styled  defendants;  and  for  cause  of  action  plaintiff  represents  to  the 
court  that  on  the  ....  day  of ,  A.  D.  19. .,  by  articles  of  partner- 
ship of  that  date,  plaintiff  and  defendants  formed  a  partnership  for  the 
purpose  of  doing  and  carrying  on  a  general  mercantile  business  as 

traders  and  merchants  in  the  city  of ,  in County, 

Texas,  under  the  firm  name  of ,  to  continue  for 

years  from  said  date.  Said  articles  of  partnership  are  herewith  filed, 
marked  Exhibit  "A,"  and  made  a  part  of  this  petition. 

That  plaintiff  and  defendants  entered  into  the  business  set  forth  in 
said  articles  of  partnership,  and  have  from  said  date  to  the  present 
carried  on  the  same;  that  they  now  own  a  large  and  valuable  stock  of 
goods,  wares  and  merchandise,  contained  in  the  one-story  brick  metal 

roof  building,  No , street,  situated  on  lot  number  ....  in 

block  number  .  . .  .,  in  the  city  of ,    County,  Texa?, 

together  with  the  lease  on  said  building,  ending  on  the  ....  day  of 

,  A.  D.  19. .;  that  there  is  also  due  to  said  partnership  a  large 

amount  of  indebtedness,  both  on  notes  and  open  accounts,  and  said 
partnership  also  possesses  a  valuable  good  will,  all  of  which  are  of  far 
greater  value  when  taken  together  than  if  separated.  That  no  division 
of  the  assets  and  good  will  of  said  partnership  can  be  made  without 
great  loss  and  detriment  to  all  the  partners,  and  that  the  only  equitable 
manner  of  making  a  division  of  the  partnership  assets  is  by  a  sale  of 
the  whole  together,  and  of  a  division  of  the  proceeds  between  the  plaintiff 
and  defendants,  according  to  their  respective  interests. 

That  on  the  ....  day  of ,  A.  D.  19.  .,  defendant, , 

without  the  knowledge  or  consent  of  plaintiff,  did  by  an  instrument  in 

writing,  assign  and  transfer  to  the  defendant, ,  all  his,  the 

said ,  interest  in  said  partnership,  and  all  his  right  and 

title  to  any  and  all  property  belonging  to  said  firm,  which  said  assign- 
ment and  transfer  operated  to  dissolve  said  partnership. 

Wherefore  plaintiff  prays  that  defendants  be  cited  to  appear  and 
answer  this  petition,  and  for  judgment  that  said  partnership  be  ad- 
judged dissolved,  that  a  receiver  be  appointed  of  the  property,  rights 
and  good  will  of  said  partnership,  with  power  to  collect  and  dispose  of 
the  same  for  the  benefit  of  all  the  parties  in  interest,  and  that  after 
the  payment  of  all  the  just  debts  of  the  partnership,  and  of  the  costs 
and  expenses  of  this  action,  and  of  the  said  receivership,  the  proceeds 


TEXAS  CIVIL  FORM  BOOK.  489 

be  divided  between  the  parties  hereto,  according  to  their  respective 
rights,  and  for  such  other  and  further  relief,  special  and  general,  in 
law  and  in  equity,  as  to  the  court  shall  seem  right  and  proper. 


Attorney  for  Plaintiff, 


No.  607. 

PETITION  FOR  FORECLOSURE  OF  LIEN  ON  LAND  SECURED  BY  DEED  OF 
TRUST,  AGAINST  ADMINISTRATOR  AND  HEIRS. 

The  State  of  Texas,  County  of In  District  Court  of 

County,  Texas,  Term,  A.  D.  19.  . 

To  the  Honorable  District  Court  of  said  County: 

Now  conies  ,  who  resides  in   County,  Texas, 

hereinafter  called  plaintiff,  complaining  of and , 

who  reside  in  the  county  of    ,  in  the  State  of  Texas,  and 

,  who  resides  in  the  county  of ,  in  said  State  of 

Texas,  hereinafter  styled  defendants;  and  for  cause  of  action  plaintiff 
represents  to  the  court  that  defendant  is  the  adminis- 
tratrix of  the  estate  of  ,  deceased,  late  of  the  county  of 

,  duly  appointed  by  the  county  court  of  said  county,  and  that 

administration  of  said  estate  is  still  open  and  pending  in  said  court; 

that  said  defendant  is  also  the  widow  of  said  ,  deceased; 

that  the  defendant ,  who  is  a  minor  about years  of 

age  and  without  any  legally  appointed  guardian,  is  the  child  and  sole 

heir  of  the  said  ,  deceased.     That  on  or  about  the   .... 

day  of ,  A.  D.  19.  .,  the  said  .  .  .• (deceased)  was  in- 
debted to  the  plaintiff  in  the  sum  of dollars,  evidenced  by  two 

certain  promissory  notes  for  the  sum  of dollars  each,  dated  on  fhe 

....   day  of ,  A.  D.  19 .  . ,  executed  by  the  said   

(deceased),  payable  to  the  order  of  plaintiff  and  due  on  the  ....  day  of 

,  A.  D.  19..,  and  A.  D.  19..,  each,  respectively,  and  bearing 

interest  at  the  rate  of  ....  per  cent  per  annum  from  date  until  paid; 

that  on  said  ....   day  of  ,  A.  D.  19.  .,  the  said   

(deceased)  executed  and  delivered  to  the  defendant   his 

certain  deed  of  trust,  as  trustee,  for  the  use  and  benefit  and  for  the  pur- 
pose of  securing  plaintiff  in  the  prompt  payment  of  said  notes,  principal 
and  interest,  wherein  he,  the  said  after  reciting  his  in- 
debtedness to  plaintiff,  evidenced  by  said  notes,  as  above  stated,  con- 
veyed to  the  said (trustee),  a  certain  tract  of  land  situ- 
ated in  County,  Texas,  with  metes  and  bounds  as  follows 

(here  describe  said  land),  upon  the  following  trusts,  to  'wit, 

the  said (deceased),  was  to  possess  and  enjoy  the  use  and 

benefit  of  said  land  until  default  should  be  made  by  said 

of  said  indebtedness,  or  any  part  thereof;  and  upon  such  default  being 


490  TEXAS  CIVIL  FORM  BOOK. 

made,  the  said  (trustee),  upon  the  request  of  plaintiff 

01  other  holders  of  said  notes,  should  sell  said  land  to  the  highest  bidder 
for  cash,  at  public  auction,  after  advertising  the  time  and  place  of  said 

sale  for (here  set  out  the  terms  of  sale  as  stated  in  deed  of 

trust)  ;  and  out  of  the  proceeds  arising  from  said  sale,  after  paying  all 
necessary  expenses,  to  pay  plaintiff  the  full  amount  of  principal  and 
interest  due  and  unpaid  on  said  indebtedness  as  hereinbefore  set  forth, 
rendering  the  balance  of  the  purchase  money,  if  any,  to  the  said 

(deceased),  as  more  fully  appears  by  said  deed  of  Irust, 

on  file  in  this  cause,  marked  Exhibit  "A,"  and  made  a  part  of  this  peti- 
tion; that  afterward,  on  or  about  the  ....  day  of ,  A.  D.  19. .,  the 

said departed  this  life,  without  having  paid  said  sum  of 

money  due  plaintiff,  or  any  part  thereof,  and  the  same  now  remains  due 
and  unpaid;  and  the  said  deed  of  trust  now  remains  in  full  force  and 
effect,  and  is  a  valid  and  subsisting  lien  against  said  land;  that  ifter- 

v/ard,  on  or  about  the   ....   day  of ,  A.  D.  19.  .,  the  claim  of 

plaintiff,  duly  authenticated  as  required  by  law,  was  presented  to  the 

defendant    ,   administratrix,   as   aforesaid,   for  acceptance 

and  allowance,  and  the  said  defendant  then  and  there  refused  to  allow 
said  claim  or  any  part  thereof,  but  rejected  the  same  (or  then  and  there 
refused  to  make  in  Avriting  either  an  acceptance  or  a  rejection  of  the 
same,  as  the  case  may  be).  Said  claim  hereto  attached,  marked  Exhibit 
"  B,"  and  made  a  part  of  this  petition. 

Wherefore  plaintiff  prays  the  court  that  defendants  be  cited  to  appear 
and  answer  this  petition,  and  for.  judgment  for  the  amount  due  him, 
and  for  costs  of  suit,  and  that  plaintiff's  lien  on  said  land  be  foreclosed, 

and  that  said  judgment  be  certified  to  the  County  Court  of   

County,  sitting  in  matters  of  probate,  to  be  there  classified  and  enforced 
according  to  law,  and  for  such  other  and  further  relief,  special  Jind 
general,  in  law  and  in  equity,  that  he  may  be  justly  entitled  to,  etc. 


Attornev  for  Plaintiff, 
R.  S.  Art.  1198  (1202). 


No.  608. 

PETITION  BY  CREDITOR  TO  SET  ASIDE  AN  ALLOWANCE  AND  AP- 
PROVAL OF  CLAIM  BY  ADMINISTRATOR. 

The  State  of  Texas,  County  of  ........     In  .......  Court  of  ...".... 

County,  Texas,  ____  .  .  Term,  A.  D.  19  .. 

To  the  Honorable   ........    Court  of  said  County  : 

Now  comes   ............  ,  who  resides  in   ........   County,  Texas, 

hereinafter  called  plaintiff,  complaining  of  ..........  and  ..........  , 

who  reside  in  the  county  of  ........  ,  in  the  Staie  of  Texas,  hereinafter 

styled  defendants;  and  for  cause  of  action  plaintiff  represents  to  the 
court  that  the   defendant    ............    is  the   administrator   of  the 

estate  of  ............  ,  late  of  the  county  of  ........  ,  deceased,  duly 


TEXAS  CIVIL  FORM  BOOK.  491 

• 

appointed  by  the  County  Court  of County,  Texas,  at  the 

term,  A.  D.  19.  .,  of  said  court,  and  that  said  administration  is  still 
open  and  pending  in  said  court. 

That  heretofore,  to  wit,  at  the term,  A.  D.  19.  .,  of  the 

Court  of  County,  plaintiff  recovered  against  the  defendant 

,  administrator,  as  aforesaid,  a  judgment  for  the  sum  of 

dollars  and  costs  of  suit,  which  said  judgment  has  not  been  ap- 
pealed from,  and  remains  in  full  force  and  effect,  and  has  been  in  no 
way  satisfied  or  discharged,  a  copy  of  which  was  duly  certified  to  said 
county  court  in  which  said  administration  is  pending  for  observance,  88 

required  by  law;  that  said  defendant neglects  and  refuses 

to  pay  the  same,  though  often  requested,  alleging  that  he  has  fully  ad- 
ministered, all  and  singular,  the  goods  and  the  chattels  of  the  said 

,  which  have  ever-  come  to  the  hands  of  him,  the  said 

administrator,  as  aforesaid,  and  that,  after  paying  such 

claims  against  said  estate  as  have  been  allowed  or  established  within 
twelve  months  after  the  grant  of  said  letters  of  administration,  he  has 
no  funds  of  said  estate  in  his  hands. 

Plaintiff  alleges  that  said  (here  give  the  name  of  the 

administrator),  combining  and  confederating  with  his  codefendant  for 
the  purpose  of  cheating  and  defrauding  the  creditors  of  said  estate,  who 
bad  valid  and  subsisting  claims  against  the  same,  and  more  particularly 
for  the  purpose  of  cheating  and  defrauding  plaintiff,  has  allowed  in 
favor  of  his  said  codefendant  a  certain  pretended  claim  against  said 
estate,  when  in  truth  and  in  fact  said  defendants  well  knew  that  the 
same  was  not  a  valid  and  subsisting  claim  against  said  estate;  that 

heretofore,  to  wit,  on  the  ....  day  of  ,  A.  D.  19..,  said 

,  administrator,  as  aforesaid,  allowed  in  favor  of  said  de- 
fendant   a  pretended  claim  agninst  said  estate,  amount- 
ing on  the  ....  day  of ,  A.  D.  19 .  .,  to  the  sum  of dollars, 

which  said  claim  was  approved  by  the  county  judge  of  said  county  on 

the  ....  day  of  ,  A.  D.  19.  .,  a  copy  of  said  claim,  with  the 

indorsements  thereon,  is  hereto  attached,  marked  Exhibit  "A/'  and  made 
a  part  of  this  petition.  Plaintiff  says  that  said  claim  was  not  at  the 
date  of  said  allowance  and  approval  a  valid  and  subsisting  claim  against 
said  estate;  that  said  claim  accrued  and  was  due  and  payable  on  the 

....  day  of ,  A.  D.  19 .  .  ;  that  the  said departed 

this  life  on  the  ....  day  of ,  A.  D.  19.  .,  having  resided  within 

the  State  of  Texas  more  than  four  years  after  said  claim  became  due 
and  payable,  and  without  having  at  any  time  acknowledged  the  justice 
of  said  claim  in  writing;  by  reason  whereof  said  claim,  at  the  date  of  its 
allowance  and  approval  aforesaid,  was  barred  by  the  statute  of  limita- 
tions, and  was  not  a  valid  and  subsisting  claim  against  said  estate  (or 
here  state  whatever  the  facts  may  be  for  setting  aside  said  claim,  if  paid 
off.  then  state  that  the  said  claim  was,  during  the  lifetime  of  him,  th/3 

said  now  deceased,  fully  paid  off  and  discharged  at  its 

maturity ;  said  payment  having  been  made  to  the  defendant , 


492  TEXAS  CIVIL  FORM  BOOK. 

and  the  same  was  not  at  the  date  of  said  allowance  and  approval  a  valid 
and  subsisting  claim  against  said  estate). 

Wherefore  plaintiff  prays  the  court  that  defendants  be  cited  to  appear 
and  answer  this  petition,  and  for  judgment  setting  aside  and  annulling 

the  allowance  and  approval  of  said  claim  of  defendant   , 

and  that  defendant  ,  administrator  of  said  estate,  be  or- 
dered to  pay  the  claim  of  this  plaintiff  in  due  course  of  administra- 
iion,  and  for  costs  of  suit,  and  for  such  other  and  further  relief,  special 
and  general,  in  law  and  in  equity,  that  he  may  be  justly  entitled  to,  etc. 


Attorney  for  Plaintiff, 


No.  609. 
PETITION  FOR  REVIEW  OF  JUDGMENT. 

The  State  of  Texas,  County  of In  District  Court  of 

County,  Texas, Term,  A.  D.  19 .  . 

To  the  Honorable  District  Court  of  said  County: 

Now  comes ,  who"  resides  in  County,  Texas, 

hereinafter  called  plaintiff,  complaining  of  ,  who  resides 

in  the  county  of ,  in  the  State  of  Texas,  hereinafter  styled  de- 
fendant ;  and  for  cause  of  action  plaintiff  represents  to  the  court  that  on 

or  about  the  ....  day  of  ,  A.  D.  19 .  . ,  defendant  filed  in  the 

district  court  of  said  county  of ,  his  petition  against  plaintiff, 

upon  plaintiff's  promissory  note  for  the  sum  of dollars,  payable  to 

defendant,  dated  on  the  ....  day  of ,  A.  D.  19 .  . ,  and  due  one 

year  after  date,  which  note,  as  alleged  in  said  petition,  was  secured  by  a 
deed  of  trust  of  even  date  therewith,  executed  by  this  plaintiff  in  favor  of 

said  defendant,  upon  the  following  tract  of  land,  situated  in 

County,  Texas,  to  wit (here  describe  said  land)  ;  that  defendant 

filed  with  his  petition  an  affidavit  in  writing  that  plaintiff  was  not  a 
resident  of  the  State  of  Texas,  and  thereupon  obtained  service  of  process 

in  said  suit  by  publication  in  a  newspaper ;  that  at  the  term, 

A.  D.  19.  .,  of  said  court,  judgment  was  rendered  in  said  cause  No 

on  the  docket  of  said  court,  in  favor  of  defendant,  against  this  plaintiff, 

for  the  sum  of dollars  and  costs  of  suit,  and  for  the  foreclosure  of 

said  deed  of  trust  and  sale  of  the  premises  therein  described,  as  under 
execution. 

Now  plaintiff  shows  that  long  before  and  at  the  time  of  filing  said 
petition,  and  for  a  long  time  thereafter,  he  was  a  resident  of  the  county 

of ,  in  said  State,  which  was  well  known  to  the  defendant,  or 

might  have  been  ascertained  by  the  use  of  proper  diligence ;  that  he  was 
never  served  with  process  in  said  suit,  nor  accepted  service  therein,  and 
had  no  notice  of  the  pendency  of  the  same  until  long  after  the  rendition 
of  the  judgment  above  mentioned ;  that  no  statement  of  the  facts  proven 


TEXAS  CIVIL  FORM  BOOK.  493 

upon  the  trial,  and  upon  which  said  judgment  was  founded,  was  made 
out  and  incorporated  with  the  records  of  said  cause,  as  required  by  law ; 
and  that  he  lias  a  good  defense  to  said  action  in  this :  that  said  claim,  at 
the  time  of  the  commencement  of  said  suit,  was  paid  off  and  satisfied  in 
full  (or,  was  barred  by  the  statute  of  limitations,  or  whatever  the  defense 
may  be). 

And  plaintiff  further  alleges  that  long  before  the  commencement  of 

said  suit,  to  wit,  on  the  ....  day  of ,  A.  D.  19.  .,  this  plaintiff 

paid  to  defendant  the  sum  of dollars,  in  discharge  of  his  indebt- 
edness upon  said  note,  and  defendant  then  and  there  agreed  to  cancel  and 
destroy  the  same.  Plaintiff  now  says  that  defendant,  regardless  of  his 
said  obligation,  did  not  cancel  and  destroy,  said  note;  but,  on  the  con- 
trary, instituted  suit  against  this  plaintiff,  as  aforesaid,  and  took  a  judg- 
ment therein  against  plaintiff  for  the  whole  amount  of  principal  and 
interest,  payable  according  to  the  tenor  and  effect  of  said  note. 

Wherefore  plaintiff  prays  that  defendant  be  cited  to  appear  and 
answer  this  petition,  and  that  the  judgment  heretofore  rendered  in  said 
suit  be  set  aside,  and  that  a  new  trial  be  granted  thei'eon,  for  costs  of 
suit,  and  for  such  other  and  further  relief,  special  and  general,  in  law 
and  in  equity,  that  he  may  be  justly  entitled  to,  etc. 


Attorney  for  Plaintiff, 


No.  610. 
PETITION  AND  INFORMATION  PROCEEDING  BY  QUO  WARRANTO. 

The  State  of  Texas  (on  the  Eelation  of  )  vs 

In  District  Court  of County,  Texas. 

To  the  Honorable  District  Court  of  said  County: 

The  State  of  Texas,  by  the  district  attorney  of  the judicial 

district,  on  the  relation  of ,  complaining  of , 

defendant,  represents  that  said  relator  and  the  defendant  reside  in  the 
county  of  ,  aforesaid. 

That  at  a  general  election,  duly  and  legally  held  on  the  ....  day  of 

,  A.  D.  19. .,  in  the  county  of ,  pursuant  to  the  statute 

in  such  case  made  and  provided,  for  the  election  among  other  officers 
of  a  tax  collector  of  said  county,  to  discharge  the  duties  of  that  office 

from  the  ....  day  of ,  A.  D.  19. .,  for  the  term  of  two  years,  the 

said was  duly  and  lawfully  elected  to  the  office  of  tax 

collector  of  said  county,  and  by  reason  of  said  election  he  was  authorized 
and  entitled  to  hold  and  enjoy  said  office  for  the  term  of  two  years,  as 
aforesaid,  and  to  receive  the  emoluments  of  said  office  for  said  term. 
That  the  emoluments  of  said  office  would  reasonably  amount  to  the  sum 

of dollars  during  said  term,  and  said  office  is  of  the  reasonable 

value  of  .          .  dollars. 


494  TEXAS  CIVIL  FORM  BOOK. 

That  on  the  ....  day  of ,  A.  D.  19 . .,  the  said , 

illegally  and  wrongfully  claiming  said  office,  usurped  and  intruded  into 
said  office,  and  excluded  the  relator  therefrom,  and  has  ever  since  unlaw- 
fully and  wrongfully  held  said  office,  and  still  unlawfully  holds  the  same, 
and  exercises  the  powers  and  performs  the  duties  of  said  office,  and 
receives  all  the  profits  and  emoluments,  and  enjoys  all  the  rights  and 
privileges  of  the  same. 

Plaintiff  further  represents  that  the  defendant  claims  to  hold  said 
office  under  and  by  virtue  of  a  certificate  of  election  delivered  to  him  by 

the  county  judge  of  said  county,  certifying  that  he  had  received 

votes  polled  for  him  for  said  office,  and  that  the  same  was  the  greatest 
number  of  votes  polled  at  said  election  for  any  one  person  for  said 
office  of  tax  collector.  And  plaintiff  now  says  that  said  certificate  is 
not  true,  and  said  defendant  did  not  receive  the  greatest  number  of 
votes  for  the  office  of  tax  collector  at  said  election,  and,  on  the  contrary, 

that votes  for  said  relator  were  actually  and  legally  polled  at  said 

election,  and votes  were  polled  for  the  defendant,  and  no  votes 

were  polled  for  any  other  person  for  said  office  of  tax  collector,  and  by 
reason  thereof  said  relator  was  duly  elected  to  said  office  of  tax  collector. 

That  at  the  election  precinct  No ,  in  said  county, votes  were 

cast  for  the  relator  and votes  were  cast  for  said ; 

that  said  votes  so  cast  were  not  properly  counted  and  returned  by  the 
officers  of  election  at  said  precinct,  but  were  falsely  and  fraudulently 
counted,  so  as  to  show  that  the  relator  received  ....  votes  and  no  more, 

and  that  the  defendant  received votes,  and  that  by  reason  of  such 

false  and  fraudulent  count  the  returns  of  said  election  made  it  to  appear, 
in  estimating  the  result  of  said  election,  that  the  defendant  had  received 
a  majority  of  the  votes  cast  at  said  election  precinct,  when  in  truth  and 
in  fact  this  relator  received  a  majority  of  said  votes,  as  hereinbefore 
stated. 

Plaintiff  further  says  that  in  the  election  precinct  No ,  in  said 

county,    votes  appeared  to  have  been  cast  for  the  relator,  and 

votes  appeared  to  have  been  cast  for  the  defendant,  as  shown  by 

the  returns  of  said  election ;  but  plaintiff  alleges  that  said  returns  do  not 
in  fact  show  the  actual  number  of  votes  cast,  in  this,  that  the  managers 
of  said  election,  while  engaged  in  the  performance  of  their  duties  as 
such,  were  grossly  intoxicated,  and  permitted  persons  to  open  the  ballot 
box  in  which  the  votes  were  deposited,  and  to  examine  and  to  destroy  a 
large  number  of  ballots  deposited  therein  before  said  ballots  were 
counted,  and  the  returns  of  said  election  were  certified  and  signed  by 
the  managers  of  said  election. 

That  by  reason  of  the  gross  negligence  and  misconduct  of  the  managers 

of  said  election,  at  said  precinct  No ,  the  returns  of  said  election 

do  not,  in  fact,  show  the  actual  number  of  votes  cast  in  said  election,  or 
the  number  of  votes  cast  for  the  relator  and  for  the  defendant,  and 
.ought  not  to  be  considered  in  estimating  the  votes  cast  in  said  election. 


TEXAS  CIVIL  FOUM  BOOK.  495 

Plaintiff  further  says  that  if  the  returns  at  said  election  precinct  had 
been  legally  and  properly  made  as  aforesaid,  they  would  have  shown  that 

the  relator  received  votes  and  the  defendant  received  

votes. 

Plaintiff  further  says  that  by  reason  of  the  premises  relator  was 
entitled  to  receive  a  certificate  from  the  proper  officer,  showing  his  elec- 
tion to  said  office,  and  has  at  all  times  been  ready  and  willing  to  qualify, 
by  executing  a  bond,  and  taking  the  oath  of  office  required  by  law;  but, 
on  the  contrary,  a  certificate  of  election  was  delivered  to  the  defendant, 
who  thereafter,  to  wit,  on  the  ....  day  of  .  .  .  .,  A.  D.  19.  .,  executed 
bond  and  took  the  oath  of  office  and  took  the  office  and  entered  upon  the 
discharge  of  his  duties  as  tax  collector  of  said  county. 

Wherefore  plaintiff  prays  the  court  that  defendant  be  cited  to  appear 
and  answer  this  petition,  and  for  judgment  that  the  defendant  is  not 
entitled  to  the  said  office  herein  mentioned;  that  the  relator  be  adjudged 
entitled  to  the  office  of  tax  collector  of  said  county,  and  its  franchises 
and  privileges;  that  the  relator  be  permitted  to  qualify  for  said  office 
within  twenty  days  after  final  judgment  herein,  and  thereupon  to  enter 
upon  the  duties  of  his  office;  that  the  defendant  be  commanded  to  sur- 
render said  office  to  the  relator,  upon  his  qualification,  as  aforesaid,  and 
that  he  have  judgment  for  costs  of  suit,  and  for  such  other  and  further 
relief,  special  and  general,  in  law  and  in  equity,  that  he  may  be  justly 
entitled  to,  etc. 


(Add  verification.) 


No.  611. 

PETITION   FOR   DAMAGES   AGAINST  A  RAILROAD   COMPANY   FOR   NOT 

DELIVERING  GOODS. 

The  State  of  Texas,  County  of In Court  of 

County,  Texas, Term,  A.  D.  19.  . 

Now  comes ,  who  resides  in County,  Texas, 

hereinafter  called  plaintiff,  complaining  of  the Railway  Com- 
pany, hereinafter  styled  defendant,  and  represents  that  defendant  is  a 
private  corporation,  duly  incorporated  under  and  by  virtue  of  the  laws 

of  the  State  of ,  and  doing  business  in County,  State 

of  Texas,  with  an  office  in  the  town  of ,  in  said  county,  in 

charge  of ,  who  resides  in  said  county,  as  its  agent. 

That  heretofore,  to  wit,  on  the  ....  day  of ,  A.  I).  15).  . .  de- 
fendant owned  and  possessed  a  certain  railroad  extending  from  the  city 

of ,  in Count}-,  Texas,  to ,  in  the  State  of 

,  and  was  then  and  still  is  engaged  in  the  business  of  running 

railroad  cars,  and  transporting  freight  on  said  road  as  a  common  carrier 
for  hire. 


496  TEXAS  CIVIL  FORM  BOOK. 

That  on  the  .  .  .  day  of ,  A.  D.  19.  .,  for  and  in  consideration  of 

the  sum  of dollars  then  paid  (or  agreed  to  be  paid,  as  the  case  may 

be)  to  defendant  by  plaintiff,  the  defendant  agreed  safely  to  carry  from 

,  in  the  State  of  Texas,  to ,  and  then  deliver  to 

: or  order,   at  said  place,   certain  goods,   the  property   oJ' 

plaintiff,  of  the  reasonable  value  of dollars,  consisting  of 

(here  describe  the  goods),  which  plaintiff  then  and  there  delivered  to 
defendant,  who  received  and  accepted  the  same  upon  the  agreement  and 
for  the  purposes  before  mentioned. 

That  defendant  did  not  safely  carry  and  deliver  the  said  goods  pur- 
suant to  said  agreement,  as  it  was  in  duty  bound  and  obligated  so  to  do; 
but,  on  the  contrary,  so  carelessly  and  negligently  acted  and  conducted 
in  regard  to  the  same,  in  its  business  as  common  carrier,  that  they  were 

wholly  lost  to  plaintiff,  to  his  damage dollars.     That  defendant 

has  failed  and  refused,  and  still  now  refuses  to  deliver  to  plaintiff  or 
order  said  goods  pursuant  to  said  agreement,  by  reason  of  the  careless- 
ness, negligence  and  default  of  defendant,  its  agents,  servants  or  em- 
ployes, whereby  plaintiff  has  been  damaged  as  aforesaid. 

Wherefore  plaintiff  prays  the  court  that  defendant  be  cited  to  appear 

and  answer  this  petition,  and  for  judgment  for  his  damages, 

dollars,  interest  and  costs,  and  for  such  other  and  further  relief,  special 
and  genera],  in  law  and  in  equity,  that  he  may  be  entitled  to,  etc. 


Attorney  for  Plaintiff, 


No.  612. 
PETITION  FOR  DAMAGES— DELAY  IN  SHIPMENT  OF  STOCK. 

The  State  of  Texas,  County  of In Court  of 

County,  Texas, Term,  A.  D.  19 .. 

To  the  Honorable ,  Judge  of  said  Court : 

Xow  comes -....,  who  resides  in County,  Texas, 

hereinafter  styled  plaintiff,  complaining  of  the Railway  Com- 
pany, a  private  corporation,  doing  business  in County,  Texas,  a 

common  carrier  of  cattle  and  livestock  generally,  with  its  line  of  rail- 
road running  in  and  through  said  county  and  State,  with  an  office  in 

the  town  of ,  in  said  county,  in  charge  of as  its 

agent,  hereinafter  called  defendant;  that  heretofore,  to  wit,  on  or  about 
the  ....  day  of ,  A.  D.  19.  .,  defendant  company  owned  and  pos- 
sessed a  certain  line  of  railroad  extending  from  the  city  of ,  in 

County,  Texas,  to ,  in  the  State  of ,  with  its 

connecting  line  of  railroad,  and  was  then  and  is  now  engaged  in  the  busi- 
ness of  running  railroad  cars,  and  of  transporting  cattle,  horses  and 


TEXAS  CIVIL  FORM  BOOK.  497 

other  livestock  and  freight  on  said  road  and  its  said  connecting  line  of 
railroad,  as  a  common  carrier  for  hire. 

Plaintiff  alleges  that  on  and  prior  to  the  . .  .  day  of ,  A.  D.  19. ., 

he  was  the  owner  of  and  in  the  possession  of head  of  cattle  in 

,  Texas,  and  on  said  date  he  delivered  to  defendant  said 

head  of  cattle,  at ,  Texas,  which  defendant  then  and  there 

accepted,  to  be  safely  and  securely  carried  and  conveyed  over  its  said 

road  and  its  said  connecting  lines  of  railroad,  from ,  Texas,  to 

,  State  of  ,  with  ordinary  care,  and  with  reasonable 

diligence  and  speed,  and  to  be  safely  and  securely  delivered  to  plaintiff 

(or ,  consignees  for  account  of  plaintiff,  as  the  case  may 

be),  at ,  State  of ,  for  a  reasonable  reward  paid  or  to 

be  paid  on  the  delivery  thereof  as  aforesaid. 

That  defendant  wrongfully  and  negligently  acting  in  the  premises, 
did  rfot  deliver  said  cattle  to  plaintiff  (or ,  his  said  con- 
signees, as  the  case  may  be),  at ,  State  of ,  or  to  anyone 

else,  with  reasonable  diligence  and  speed,  as  it  was  in  duty  bound  and 
obligated  so  to  do,  but  neglected  and  refused  so  to  do;  and  did  not  with 
ordinary  care  or  with  reasonable  diligence  and  speed,  carry  and  convey 

said  cattle  from ,  Texas,  to ,  said  point  of  destination, 

but  on  the  contrary,  so  carelessly  and  negligently  conducted  itself  in  the 
promises,  that  by  and  through  its  negligence,  default  and  carelessness 
said  cattle  were  delayed  a  long  time  beyond  the  usual  and  ordinary  time 

of  passage  over  said  road,  as  follows,  to  wit, hours  beyond  the 

usual  and  ordinary  time  of  passage  over  said  road;  b}r  means  whereof 
plaintiff  was  subjected  to  great  loss,  damage  and  expense  by  reason  of 

the  fall  in  the  market  of  such  cattle  at ,  State  of ,  from 

the  time  said  cattle  reached  ,  and  the  time  they  should  have 

leached  said  point  of  destination  conveyed  and  transported  with  reason- 
able speed  and  diligence,  and  also  in  consequence  of  said  cattle  wasting 
away  and  excess  shrinkage  in  flesh  and  weight,  by  reason  of  being  con- 
fined in  said  cars  and  pens,  and  in  consequence  of  the  depreciation  in 
the  market  value  of  said  cattle  by  reason  of  their  said  excess  shrinkage 
unA  loss  in  flesh  and  weight,  drawn  and  emaciated  condition,  and  in  con- 
sequence of  the  expense  and  loss  of  time  to  which  plaintiff  was  thereby 

subjected,  amounting  in  all  to  the  sum  of  dollars,  being  the 

difference  in  the  market  value  of  said  cattle,  from  the  time  they  arrived 

at State  of ,  and  the  time  they  should  have  arrived, 

conveyed  and  transported  with  ordinary  care  and  with  reasonable  dili- 
gence and  speed. 

Plaintiff  alleges  that  his  said  cattle,  as  aforesaid,  at  the  time  they  were 
received  and  accepted  by  defendant,  were  in  good  condition  and  were 
good  and  merchantable  cattle,  and  were  shipped  for  the  market  at 

,  State  of ,  which  fact  was  known  to  the  defendant  at 

the  time;  that  said  cattle  with  reasonable  diligence  and  speed  should 
have  arrived  at  said  point  of  destination,  and  should  have  been  delivered 
Form  Book  —  32. 


498  TEXAS  CIVIL  FORM  BOOK. 

by  defendant  to  plaintiff  at  said ,  State  of ,  at  about 

....  o'clock  .  .  m.,  on  the  ....  day  of ,  A.  D.  19 .  . ,  about 

hours  earlier  than  they  were  in  fact  delivered  by  defendant  or  received 
by  plaintiff;  that  by  reason  of  the  negligence,  default  or  carelessness  of 
defendant,  its  agents,  servants  or  employes,  said  cattle  were  not  delivered 
by  defendant  to  plaintiff  at  said  point  of  destination  until  about  .... 

o'clock  .  .  m.,  on  the  ....  day  of ,  A.  D.  19.  .,  and  were  placed  on 

said  market  on  said  date  and  on  same  day  were  sold  in  said  market  at 

,  State  of ,  at cents  per  pound,  being  the  market 

value  of  said  cattle  in  said  market  at  that  time;  that  said  cattle  at  the 
time  they  were  delivered  and  sold  in  said  market,  as  aforesaid,  weighed 

pounds,  and  on  the  ....  day  of ,  A.  D.  19 .  .  (here  give  the 

date  said  cattle  should  have  arrived  at  their  destination),  were  worth 

in  said  market cents  per  pound,  being  at  least cents  per 

hundred  pounds  more  than  they  were  worth  and  sold  for  at  the*  time 
they  were  delivered  and  sold  in  said  market;  that  there  was  a  decline 

of cents  per  hundred  pounds  in  the  market  value  of  said  cattle 

and  of  such  cattle  generally,  from  the  time  said  cattle  should  have 
arrived  and  should  have  been  delivered  by  defendant,  to  plaintiff  at 

,  State  of ,  conveyed  and  transported  with  reasonable 

speed  and  diligence,  and  the  time  said  cattle  did  arrive  and  were  de- 
livered to  plaintiff,  making  the  sum  of  dollars  damages  by 

reason  of  the  decline  in  the  market  value  of  such  cattle;  that  said  cattle, 
had  they  been  transported  and  delivered  to  plaintiff  by  defendant  with 
ordinary  care  within  the  usual  and  ordinary  time  of  passage  over  said 

road  between  said  points,  would  have  weighed   pounds,  and  by 

reason  of  such  unnecessary  and  unreasonable  delay,  there  was  an  excess 
shrinkage  in  flesh  and  weight  of  said  cattle  of  ...  per  cent  of  the  weight 

thereof,  making pounds,  reasonably  worth  in  said  market  at  that 

time cents  per  pound,  making  the  sum  of dollars,  damages 

in  excess  shrinkage ;  that  there  has  been  a  net  loss  of cents  per 

hundred  pounds  on pounds  (the  weight  of  said  cattle),  making 

the  sum  of dollars  depreciation  in  the  market  value  of  said  cattle 

by  reason  of  the  excess  shrinkage,  loss  in  flesh  and  weight  and  the  drawn 

and  emaciated  condition  of  said  cattle,  and  the  further  sum  of 

dollars  reasonable  and  necessary  expenses  for  extra  feed  paid  by  plaintiff 

at ,  State  of ,  by  reason  of  said  delay,  all  aggregating 

the  sum  of    dollars,  actual  damages  sustained  by  plaintiff  by 

reason  of  the  carelessness,  default  and  negligence  of  defendant,  its 
agents,  servants  or  employes  as  aforesaid. 

Plaintiff  says  that  by  reason  of  the  failure  of  defendant,  its  agents, 
servants  or  employes,  to  carry,  transport  and  deliver  said  cattle  as 
aforesaid,  they  were  detained  an  unnecessary  and  unreasonable  length 
of  time  and  were  confined  in  said  cars  and  pens  for  a  long  time  beyond 
the  usual  and  ordinary  time  of  shipment  over  said  route  between  said 
points,  thereby  causing  them  to  lose  extra  flesh  and  weight  and  greatly 


TEXAS  CIVIL  FORM  BOOK.  499 

depreciating  their  market  value  in  said  market  as  aforesaid;  that  due 
notice  in  writing  of  said  claim  has  been  made  by  plaintiff  to  defendant, 
liut  defendant,  though  often  requested,  has  wholly  failed  and  refused  to 
pay  the  same  or  any  part  thereof,  and  still  refuses  so  to  do,  to  plaintiffs 

damage  in  the  sum  of dollars ;  that  all  freight  charges,  etc.,  have 

lieen  paid  by  plaintiff  and  accepted  by  defendant,  and  defendant  thereby 
agreed,  promised,  bound  and  obligated  itself  to  transport,  carry  and 

deliver  said  cattle  to  plaintiff  at    ,  State  of   ,  with 

reasonable  diligence,  speed  and  care,  and  within  the  usual  and  ordinary 
time  of  passage  over  its  said  road  and  connecting  line  of  railroad  from 

,  Texas,  to  ,  State  of ,  all  of  which  it  has 

failed,  refused  and  neglected  so  to  do,  whereby  plaintiff  has  been  greatly 
damaged  as  aforesaid. 

Wherefore  plaintiff  prays  the  court  that  defendant  be  cited  to  appear 
and  answer  herein,  and  on  final  hearing  for  judgment  against  defendant 

for  the  sum  of dollars  actual  damages  sustained  by  him,  for  costs 

of  suit,  and  for  such  other  and  further  relief,  special  and  general,  in 
law  and  in  equity,  that  he  may  be  justly  entitled  to,  etc. 


Attorney  for  ,  Plaintiff. 

R.  S.  Arts.  319a-331b  (277-289). 


No.  613. 

AMENDED   PETITION   BY   MINOR   AND   SURVIVING   PARENT   FOR   PER- 
SONAL INJURIES  TO  MINOR.     (Consolidated.) 

and  vs Nos and 

In  District  Court  of County,  Texas, Term,  A.  D.  19 .. 

Now  come  plaintiffs  in  above  numbered  and  entitled  cause,  consoli- 
dated under  order  of  the  court,  leave  of  the  court  being  first  had  and 

obtained,  and  file  this  their amended  original  petition  in  lieu  of 

and  as  a  substitute  for  their amended  original  petition  filed  in 

said  cause  in  this  court  on  the   ....   day  of   ,  A.  D.  19. .,  and 

plead  as  follows: 

and vs Nos and  .... 

Suit  pending  in  District  Court  of County,  Texas, Term, 

A.  D.  19 ..     To  the  Honorable  District  Court  of  said  County.     Now 

come  your  petitioners, and  ,  a  minor,  who 

sues  by  his  next  friend,  his  mother, ,  both  of  whom  reside 

in County,  Texas,  hereinafter  called  plaintiffs,  complaining  of 

the Railway  Company,  a  private  corporation  duly  incorporated 

under  and  by  virtue  of  the  laws  of  the  State  of  Texas,  doing  business 

and  operating  a  line  of  railway  in  and  through  the  county  of 

in  said  State,  with as  its  local  agent,  who  resides  in  said 

county,  hereinafter  styled  defendant. 


500  TEXAS  CIVIL  FORM  BOOK. 

And  for  cause  of  action  plaintiffs  represent  to  the  court  that  hereto- 
fore, to  wit,  on  or  about  the  ....  day  of ,  A.  D.  19. .,  while 

,  who  is  a  child  of  tender  years,  about  ....  years  of  age, 

was  crossing  the  railroad  of  the  defendant  at  a  crossing  in  , 

County,  Texas,  which  was  then  and  had  been  for  years  prior 

thereto  used  as  a  crossing  for  pedestrians,  and  which  was  then,  and  had 
been  for  years  prior  thereto,  known  and  recognized  by  defendant  as  a 
crossing  by  pedestrians,  men,  women  and  children,  and  so  used  as  a 

crossing  by  them,  he, ,  was  injured  in  the  manner  and  form 

as  follows: 

Defendant  was  then  operating  an  engine  and  cars  by  its  agents, 
servants  or  employes,  unskilled  and  careless  and  without  any  experience 
whatever,  and  were  switching  cars  near  said  crossing,  and  said  defendant, 
its  agents,  servants  or  employes,  without  warning  or  notice  of  any  kind 
whatever  forced  a  car,  after  great  rapidity  of  motion  had  been  acquired 
and  which  was  then  detached  from  the  engine  and  turned  loose  upon 
defendant's  track  and  allowed  to  run  in  the  direction  of  and  upon  the 
said  crossing  on  a  down  grade  without  any  person  upon  said  car  or  car? 
to  control  tne  speed  thereof,  and  without  brake  or  brakes  set  thereon, 
which  said  car  struck  or  ran  against  another  car  or  cars  standing  on 
said  track,  which  shoved  or  forced  them  along  said  track  in  the  direction 
of  and  over  said  crossing,  and  thereby  ran  over  or  upon  and  cut  or 

mashed  off  one  of  the  feet  of  the  said ,  or  the  greater 

portion  thereof,  while  he,  without  negligence  on  his  part,  was  passing 
or  attempting  to  pass  over  said  crossing,  whereby  it  became  necessary  to 
amputate  said  foot  so  injured  or  a  portion  thereof;  that  said  car  or 
cars  on  defendant's  said  track  as  aforesaid,  were  detached  and  without 
sufficient  brakes,  or  without  brakes  set  thereon,  to  control  or  regulate 
their  speed  along  or  upon  said  track ;  that  by  reason  of  the  said  careless- 
ness and  negligence  of  defendant,  its  agents,  servants  or  employes, 

plaintiff,  ,  was  seriously  and  permanently  injured  and 

crippled  for  life,  and  thereby  caused  to  suffer  great  pain  and  anguish, 
both  mental  and  physical,  and  his  ability  and  capacity  for  labor  and  to 
earn  a  living  has  been  greatly  lessened,  injured  and  impaired  and  almost 
totally  destroyed,  to  the  great  damage  and  injury  of  plaintiffs. 

Plaintiffs  further  allege  that  defendant  had  for  a  number  of  years 
prior  to  said  injury,  used,  kept  and  maintained  said  crossing  where 

plaintiff,  ,  was  injured  as  aforesaid,  as  a  crossing  for 

pedestrians  and  for  the  use  and  convenience  of  the  public  generally  in 
passing  to  and  fro  over  defendant's  right  of  way  and  tracks  thereof, 
and  had  kept  the  same  open  and  free  from  cars,  having  given  orders 
that  all  trains  should  be  kept  separated  and  kept  open  at  said  crossing 
m  order  that  same  should  be  used  and  kept  open  and  free  of  obstructions 
for  the  use  and  convenience  of  the  public  generally  passing  to  and  fro 
over  the  same,  and  had  thereby  for  a  long  period  of  time,  to  wit,  for  a 
number  of  years,  recognized  and  held  same  out  as  a  crossing  for  pedes- 


TEXAS  CIVIL  FORM  BOOK.  501 

trians,  and  thereby  invited  them  to  freely  use  the  same  as  a  crossing  in 
passing  to  and  fro  over  defendant's  railway;  that  defendant,  by  reason 
of  said  crossing  being  used  generally  by  people  on  foot  with  the  knowl- 
edge and  consent  and  invitation  of  defendant,  was  required  to  exercise 
reasonable  care  and  prudence  in  operating  its  said  railway,  and  running 
and  switching  cars  thereon  upon  and  over  said  crossing,  especially  when 

said  cars  were  run  in direction  over  said  crossing,  which  is  an 

uncommonly  steep  down  grade,  and  not  to  allow  any  car  or  cars  to  run 
toward  or  upon  said  crossing  going  in direction,  unless  well  pro- 
vided with  brakes  and  a  brakeman  upon  each  car  to  control  its  motion 
and  speed;  that  it  was  defendant's  duty  not  to  allow  any  car  or  cars  to 
stand  on  its  track  near  said  crossing  in direction  therefrom,  with- 
out brakes  being  well  set  thereon,  and  not  to  allow  any  loose  and  de- 
tached car  or  cars  to  be  run  in direction  near  said  crossing  and 

against  cars  standing  near  said  crossing,  and  to  jam  and  force  the  same 
suddenly  or  in  a  rapid  manner  upon  and  over  said  crossing;  that  it  was 
the  duty  of  defendant  to  keep  a  watch  at  said  cro.ssing  to  protect  and 
warn  any  and  all  persons  crossing  said  track  at  said  crossing  from 
injury  or  damage. 

Plaintiffs  allege  that  all  of  said  necessary  and  proper  precautions  that 
dei'endant  was  required  to  take  on  account  of  the  nature  of  said  crossing 
and  the  frequency  of  its  use  at  the  invitation  of  defendant,  were  wholly 
unobserved  and  neglected,  and  the  failure  to  exercise  said  diligence  and 
observe  the  necessary  and  proper  precaution,  as  aforesaid,  caused  and 
contributed  to  the  injury  and  damage  of  plaintiffs  as  before  alleged;  that 
the  forcing  of  said  cars,  over  said  crossing  without  notice  or  warning  to 

plaintiff, ,  with  great  force  and  rapidity,  and  turning  loose 

said  car  without  brakes  set  thereon  and  without  a  good  or  sufficient 
brake  that  was  capable  of  controlling  said  car,  any  brake  thereon  being- 
defective  and  worthless,  and  upon  a  steep  down  grade,  which  car  ran 
upon  other  cars  standing of  said  crossing  and  forced  them  sud- 
denly and  rapidly,  without  warning,  or  any  watch  to  notify 

of  his  danger,  were  acts  and  omissions  of  carelessness  and  negligence, 
and  evidencing  wantonness,  recklessness  and  utter  disregard  of  its  duties 
and  obligations  to  these  plaintiffs  and  the  public  generally  invited  by 
it  to  pass  over  said  crossing. 

Plaintiff,    ,  did  not  know  and  was  not  informed  that 

defendant  was  about  to  switch  and  shove  said  car  without  brakes 
set  thereon  or  brakes  thereon  in  condition  to  be  used,  against  other  car 
or  cars  and  force  them  in  the  manner  aforesaid  upon  said  crossing  at 
the  time  he  was  injured,  and  that  he  did  not  contribute  in  any  way  or 
manner  to  said  injury  by  any  carelessness,  negligence  or  want  of  proper 
care  on  his  part. 

That  said  plaintiff,  ,  had  no  notice  whatever,  either  by 

ringing  of  bell,  sounding  of  whistle,  or  notice  from  any  person  placed  to 
watch  or  look  out  for  danger  to  anyone  going  upon  or  over  said  crossing, 
or  otherwise  warn  him  of  danger  and  cause  him  to  take  steps  for  his 


502  TEXAS  CIVIL  FORM  BOOK. 

protection;  neither  was  there  any  locomotive  near  enough  to  said  cross- 
ing to  indicate  that  any  car  or  cars  were  being  moved  or  were  about  to 
be  moved  at  that  time  near  said  crossing. 

That  the  agents  and  employes  of  defendant  who  were  operating  said 

engine  and  cars  of  defendant  nearest  to  said  crossing  and thereof 

were  known  to  defendant,  its  officers  and  agents,  to  be  wholly  inex- 
perienced and  without  skill,  careless,  negligent  and  reckless,  at  the  time 
and  prior  to  the  time  of  said  injury,  and  that  they  had  full  notice  and 

knowledge  of  the  danger  of  plaintiff, ,  and  others  at  the  time 

of  turning  said  car  or  cars  loose  and  forcing  said  cars  upon  plaintiff, 

,  as  aforesaid ;  that  defendant,  its  agents,  servants  or 

employes,  operating  or  managing  said  engine  and  cars  at  the  time  of 

said  injury,  saw  plaintiff, ,  or  could  have  seen  him  by  the 

exercise  of  ordinary  care  in  the  discharge  of  their  duties,  in  time  to 
have  avoided  said  injury;  that  at  the  time  of  said  injury  defendant 
should  have  had  some  person  at  or  near  said  crossing  to  warn  anyone 
approaching  or  passing  over  said  crossing  of  the  danger  that  existed  at 
that  time,  and  in  not  doing  so  and  failing  to  observe  all  or  any  of  said 
necessary  and  proper  precautions  as  before  alleged,  defendant  was  guilty 
of  gross  negligence,  and  carelessness,  wantonness  and  recklessness 
toward  plaintiffs  as  aforesaid. 

Plaintiffs  further  allege  that  said was  so  inexperienced 

and  was  of  such  a  tender  age  that  he  did  not  know  the  danger  to  which 
he  was  exposed,  and  was  not  able  to  protect  himself  therefrom  or  to  take 
steps  to  avoid  said  injuries  aforesaid,  which  came  upon  him  so  suddenly 
and  unexpectedly. 

And  plaintiffs  further  allege  that  said  plaintiff, ,  is  the 

mother  of  the  said  plaintiff,  . ,  and  that  she  is  a  widow  and 

has  no  means  or  property,  and  was  then,  when  said  injury  occurred,  and 
ever  since,  and  now  and  hereafter  during  her  entire  natural  life  would 

have  been,  dependent  upon  the  services  of  the  said  plaintiff, , 

provided  said  injury  had  not  occurred,  which  renders  him  disqualified 
and  incapable,  physically  and  mentally,  to  so  aid  and  contribute  by  his 
time  and  labor,  care  and  attention,  to  the  financial  and  pecuniary  aid 
of  his  said  mother;  that  by  reason  of  his  duties  and  obligations  while  a 
minor,  if  he  had  not  been  so  injured,  it  would  have  been  necessary  for 
him  to  do  what  he  could  during  his  tender  years,  and  gradually  more 
as  he  became  older,  for  the  comfort  and  support  of  his  mother,  and 
eventually  as  he  approached  his  majority  he  would  have  been  able  to  and 
would  have  supported  and  maintained  her  and  increased  her  means  and 

property ;  that  after  he  became  of  age  said ,  on  account  of 

his  affection  to  his  mother  and  because  of  her  financial  needs  and  neces- 
sities, would  have  voluntarily  contributed  to  her  aid,  comfort  and  sup- 
port during  the  remainder  of  her  natural  life;  but  by  reason  of  his 
injury  as  aforesaid,  brought  about  by  the  carelessness  and  negligence 

of  defendant,  its  agents,  servants  or  employes,  he,  ,  has 

been  rendered  unable  during  the  remainder  of  his  life  to  aid  or  con- 


TEXAS  CIVIL  FORM  BOOK.  503 

tribute  to  the  comfort  or  support  or  to  improve  the  financial  condition 
of  his  mother,  and  thereby  he  has  become  a  charge  and  financial  burden 
upon  her  during  her  entire  life;  that  by  reason  of  said  injury,  plaintiff, 

,  was  compelled  to  nurse and  lose  her  time 

from  her  employment,  which  she  was  engaged  in  for  the  support  of  her 

family,  for  a  long  period  of  time,  to  wit, months,  reasonably 

worth dollars;  that ,  by  reason  of  his  said  injury,  has 

been  rendered  incapable  of  laboring  for  his  own  support  during  the 
balance  of  his  life,  and  made  a  cripple,  and  thereby  will  become  a  charge 

upon  his  mother, ,  and  perhaps  upon  others,  and  has  been 

deprived  of  all  opportunity  for  usefulness  in  life  or  for  making  his  life 
pecuniarily  profitable  to  himself  or  for  the  enjoyment  of  life,  and  has 
been  made  a  cripple  for  life,  and  his  health  has  been  impaired,  without 
any  fault  or  negligence  on  the  part  of  either  of  the  plaintiffs  in  this 

cause;  that  the  said before  said  injury  was  a  good  sized 

boy  for  his  age,  was  stout,  healthy  and  energetic,  and  possessed  of  a 
good  mind,  judgment  and  discretion ;  that  he  was  kind  and  affectionate 
toward  his  mother,  and  was  willing  to  labor  and  did  labor  for  and  aid 
her,  and  that  he  had  a  good  prospect  of  full  mental  and  physical  de- 
velopment and  long  life,  but  by  reason  of  said  injury  he  has  been  stunted 
and  his  growth  mentally  and  physically  checked,  and  he  is  now  dwarfed 
in  size;  that  by  reason  of  the  time  and  labor  lost  and  expense  incurred 

by  plaintiff,   ,  as  aforesaid,  she  has  been  reduced  to  very 

straightened  circumstances  and  want. 

Plaintiffs  say  that  by  reason  of  the  wrongful,  careless,  malicious  and 
reckless  acts  and  omissions  of  defendant,  its  agents,  servants  or  em- 
ployes, they  have  been  greatly  damaged  and  injured. 

Plaintiffs  allege  that  the  services  of  plaintiff to  plaintiff 

,  from  the  time  of  his  said  injury  up  to  the  time  he  was 

twenty-one  years  of  age,  had  it  not  been  for  said  injury,  would  have 
been  reasonably  worth  the  sum  of dollars ;  and  that  the  contribu- 
tions he  would  have  made  to  her,  after  he  had  attained  his  majority 

and  up  to  the  time  of  her  death,  would  have  been  not  less  than 

dollars;  and  that  plaintiff, ,  by  reason  of  the  said  injury 

to ,  has  lost  his  said  services  and  his  contributions  volun- 
tarily to  be  made  to  her  wants  and  necessities,  in  the  aggregate  sum  of 

not  less  than dollars;  that  the  said  ,  by  reason  of 

said  injury,  as  aforesaid,  has  been  damaged  in  the  sum  of dol- 
lars, all  of  which  defendant  became  bound  and  liable  to  pay  plaintiffs, 
which  it  has  failed  and  refused  to  do.  to  plaintiffs'  damages  as  aforesaid. 
Wherefore  plaintiffs  pray  judgment  of  the  court  against  defendant, 
which  has  been  duly  cited  to  appear  and  answer  herein  for  their  dnm- 

tiges  as  aforesaid,  to  wit :  to  said the  sum  of dollars, 

and  to  plaintiff ,  the  sum  of dollars,  and  for  costs 

of  suit,  and  for  such  other  and  further  relief,  special  and  general,  in 
law  and  in  equity,  that  they  may  be  justly  entitled  to,  etc. 


Attornev  for  Plaintiffs. 


504  TEXAS  CIVIL  FORM  BOOK. 

No.  614. 

PETITION   FOR   DAMAGES   AGAINST   A   RAILROAD   COMPANY   BY   SUR- 
VIVING WIFE. 

The  State  of  Texas,  County  of In  District  Court  of 

County,  Texas, Term,  A.  D.  19.  . 

To  the  Honorable  District  Court  of  said  County : 

Now  comes ,  who  resides  in County,  Texas, 

hereinafter  called  plaintiff,  complaining  of  the Eailway  Com  • 

pan}%  hereinafter  styled  defendant;  and  for  cause  of  action  plaintiff 
represents  to  the  court  that  defendant  is  a  railroad  corporation  duly 
incorporated  and  organized  under  the  laws  of  the  State  of  Texas,  and 

is,  and  has  been  for  more  than years  last  past  doing  business  and 

has  its  local  'office  in  the  county  of ,  in  said  State,  with 

,  its  local  agent,  who  resides  in  said  county.  (If  suit  is 

brought  in  the  county  where  the  company's  principal  office  is  situated, 

then  state :  That is  the  president  of  said  corporation,  and 

is  secretary,  and  .  . . is  treasurer  thereof,  and  all 

of  said  persons  reside  in  the  county  of ). 

Plaintiff  alleges  that  she  is  the  surviving  wife  of , 

deceased,  and and are  the  children  of  plain- 
tiff and  said ,  deceased,  and  that  said left- 
surviving  him  no  other  child  or  children;  that  said is  a 

minor,  a  girl  about  ....  years  of  age,  and  said is  a  minor, 

a  boy  about  ....  years  of  age,  who  reside  with  plaintiff  in 

County.  And  plaintiff  brings  this  suit  for  the  use  and  benefit  of  herself 
and  the  children  above  mentioned. 

Plaintiff  further  alleges  that  heretofore,  to  wit,  on  or  about  the  .... 
day  of  ..:....,  A.  D.  19.  .,  defendant  was  engaged  in  running  and  pro- 
pelling cars  for  the  conveyance  of  passengers  over  a  railroad  owned  by 

it,  and  running  through  the  county  of aforesaid;  that  on  said 

day  said ,  deceased,  entered  defendant's  car  at  its  station 

at ,  in  said  county,  for  the  purpose  of  being  transported  as  a 

passenger  to ,  another  station  on  its  said  road  in  the  county  of 

,  and  for  a  valuable  consideration  paid  therefor  defendant 

agreed  and  it  became  its  duty  to  well  and  safely  carry  and  transport  him 

over  its  road  as  aforesaid;  that  defendant  failed  to  carry  said 

well  and  safely  between  the  stations  aforesaid,  but  by  its  agents  and 
servants  so  carelessly  and  negligently  managed  and  conducted  itself  in 

the  premises  that  the  car  in  which  the  said was  riding  was 

violently  thrown  from  said  road  or  track,  and  said , 

without  fault  or  negligence  on  his  part,  was  thereby  mangled,  bruised 

and  greatly  injured,  and  thereafter,  to  wit,  on  the  ....  day  of , 

A.  D.  19. .,  in  consequence  and  by  reason  of  said  injuries,  died. 

And  plaintiff  further  alleges  that  at  the  time  and  place  of  said  injury 
as  aforesaid,  defendant  did  not  manage  and  operate  its  road  and  its  said 


TEXAS  CIVIL  FORM  BOOK.  505 

train  of  cars  with  reasonable  care,  skill  and  diligence;  but  on  the  con- 
trary, managed  and  operated  the  same  with  gross  negligence  and  care- 
lessness, in  this,  its  roadbed  and  track,  at  and  near  the  place  where  said 
car  was  thrown  from  the  track,  was  in  an  unsafe  and  dangerous  condi- 
tion; that  one  or  more  of  the  ties  upon  which  the  rails  of  said  track- 
rested  were  rotten  or  defective,  all  of  which  was  well  known  to  defendant, 
its  agents  and  servants,  and  by  reason  thereof  said  rails,  by  the  passage 
of  said  train,  which  was  then  and  there  running  at  a  high  rate  of  speed, 
were  caused  to  spread,  and  said  car  was  thereby  thrown  from  said  track 

as  aforesaid,  and  the  death  of  said ,  as  aforesaid,  was 

caused  by  the  gross  negligence  of  the  defendant,  its  servants  and  agents. 

Plaintiff  further  alleges  that  at  the  time  of  his  death,  as  aforesaid, 

said was years  of  age,  was  in  good  health,  and  wel! 

qualified  for  the  transaction  of  business;  that  prior  to  and  at  the  time 
of  his  said  death  he  was  and  for  a  long  time  had  been  engaged  in  busi- 
ness, and  did  thereby  earn  and  receive  therefrom  the  sum  of 

dollars  per  annum,  and  could  have  continued  to  earn  the  same  during 
the  term  of  his  natural  life;  that  he  had  since  his  marriage  with  plaintiff 
cared  for  and  supported  his  family,  consisting  of  this  plaintiff  and  their 
said  children,  and  had  provided  them  with  all  necessaries  and  con- 
veniences of  life,  and  would  hereafter  have  maintained  and  educated 
his  children  above  named  in  a  manner  suitable  to  his  station  in  life. 

That  the  said owned  no  property  at  the  time  of  his  death, 

and  was  dependent  upon  his  earnings  in  his  business  for  the  support  of 
himself  and  of  his  family;  that  the  plaintiff  and  the  children  of  the 

said own  no  property,  and  were,  before  his  death,  entirely 

dependent  on  him  for  their  maintenance  and  the  education  of  his  said 
children;  that  plaintiff  is  a  weak  and  delicate  woman,  unable  to  work  or 
earn  a  support  for  herself  or  her  children. 

Plaintiff  alleges  that  by  reason  of  the  premises  she  and  her  said  chil- 
dren have  sustained  actual  damages  in  the  sum  of dollars. 

And  that  by  reason  of  the  gross  negligence  of  the  defendant,  its  officers, 
agents  and  servants,  as  aforesaid,  she  ought  to  recover  the  further  sum 
of dollars  as  exemplary  damages. 

Wherefore  plaintiff  prays  the  court  that  defendant  be  cited  to  appear 

and  answer  this  petition,  and  for  judgment  for  the  sum  of dollars 

actual  damages,  and  for  the  further  sum  of dollars  exemplary 

damages ;  and  that  they  be  apportioned  among  the  parties  entitled  thereto 
in  such  shares  as  the  court  or  jury  may  find,  for  costs  of  suit,  and  for 
such  other  and  further  relief,  special  and  general,  in  law  and  in  equity, 
that  the}'  may  be  justly  entitled  to,  etc. 


Attornev  for  Plaintiff, 


506  TEXAS  CIVIL  FORM  BOOK. 

No.  615. 

FORM  OF  PETITION  AGAINST  RAILWAY  COMPANY  FOR  PERSONAL 
INJURIES  AT  INTERSECTION  OF  ROADS. 

The  State  of  Texas,  County  of In Court  of 

County,  Texas, Term,  A.  D.  19 .. 

To  the  Honorable Court  of  said  County : 

Now  comes  , . ,  who  resides  in  County,  Texas, 

hereinafter  called  plaintiff,  complaining  of  the Railway  Com- 
pany, hereinafter  styled  defendant;  and  for  cause  of  action  plaintiff 
represents  to  the  court  that  defendant  is  a  private  corporation  duly 
incorporated,  whose  line  of  railway  extends  in  and  through  said  county 

of  ,  in  the  State  of  Texas,  and  whose  local  station  agent  at 

in  said  county  is  

That  defendant's  said  railway  crosses  the  railway  of  the  

Railway  Company,  hereinafter  referred  to  as  the  " Company," 

at  the  town  of in  said County,  the  general  course  of  the 

former  being and and  of  the  latter and at 

the  said  crossing;  and  there  being  no  interlocking  switch  and  signal  ap- 
paratus at  such  crossing  and  no  flagman  kept  thereat ;  that  the  rules  and 
practice  under  them  and  custom  of  the  said  two  lines  of  railway  in  pro- 
pelling engines  and  cars  over  the  said  crossing  was  to  bring  said  engines 
and  cars  to  a  full  stop  and  sound  two  long  blasts  of  the  whistle  and  then 
proceed  across,  and  when  a  train  or  car  or  cars  was  being  pushed  by  an 
engine  over  the  said  crossing,  to  have  in  addition  a  flagman  stationed 
in  a  conspicuous  position  on  the  front  of  the  lead  car  so  as  to  perceive 
the  first  sign  of  danger  and  immediately  signal  the  engineer;  and 
plaintiff  alleges  that  the  defendant  company  had  a  siding  which  extended 

immediately of  the  said  crossing  and  parallel  with  its  main  line, 

that  the  same  was  often  filled  with  box  cars  which  obstructed  the  view 

of  an  engineer  and  fireman  in  charge  of  an  engine  bound on  the 

line  of  the  said  " Company  "  in  the  direction  of  said  crossing, 

of  a  train  of  defendant's  main  line  approaching  said  crossing  from  the 

,  and  obstructed  the  view  of  the  engineer  and  fireman  in  charge 

of  such  train  of  an  approaching  train  on  the  " .railway  "  from 

the  ,  and  that  when  said  siding  had  box  cars  standing  on  the 

same  it  was  highly  important  that  the  lead  car  of  a  train  approaching 

the  said  crossing  from  the over  the  defendant  company's  'line  of 

road  should  have  a  flagman  stationed  in  a  conspicuous  position  thereon 
in  order  that  he  might  see  the  approach  of  a  train  heading  from  the 
on  the  " track  "  and  in  order  that  the  said  train  ap- 
proaching the  said  crossing  on  defendant  company's  line  might  be  seen 
by  the  engineer  and  fireman  and  the  other  members  of  the  crew  of  the 

" train;"  and  plaintiff  further  alleges  that  when  the  said  siding 

would  be  filled  with  box  cars  and  the  view  obstructed  as  aforesaid,  that 
the  constant  and  invariable  practice  was  for  the  defendant  company  to 


TEXAS  CIVIL  FORM  BOOK.  507 

have  a  flagman  stationed  in  a  conspicuous  position  on  the  lead  car  of  a 
train  being  backed  by  an  engine  in  the  direction  of  said  crossing  and 
with  the  intention  of  crossing  the  same,  and  that  plaintiff  in  attempting 
to  propel  his  said  engine  and  cars  over  the  said  crossing,  after  stopping 
and  sounding  the  whistle,  as  hereinafter  shown,  relied  upon  the  said 
practice  being  observed,  and  was  unaware  of  the  approach  of  the  defend- 
ant company's  said  train  until  the  collision,  hereinafter  set  out,  had 
practically  occurred ;  and  plaintiff  says  that  each  company  recognized 
the  method  stated  as  the  proper  one  for  safeguarding  the  running  of 
engines  and  cars  over  the  said  crossing,  and  the  same  was  adequate  and 
sufficient  to  prevent  collision. 

That  on  the  ....  day  of ,  A.  D.  19.  .,  plaintiff  was  a  locomotive 

engineer  in  the  employ  of  the  said  " Company"  and  was. in 

charge  of  a  locomotive  engine  to  which  was  attached  some cars, 

and  it  then  and  there  became  plaintiff's  duty  to  propel  said  engine  and 

cars  from  the over  the  said  crossing;  that  upon  approaching  said 

crossing  and  before  reaching  the  same,  and  at  a  point  where  a  man  of 
ordinary  prudence  would  have  done,  plaintiff  brought  his  said  engine 
and  cars  to  a  full  stop,  and  thereupon  blew  two  long  blasts  of  the  whistle 
on  his  said  engine,  and  then  proceeded  on  with  his  engine  and  cars,  and 
that  upon  reaching  the  said  crossing  his  engine  came  into  collision  with 
a  car  attached  to  a  locomotive  engine  on  defendant's  said  railway, 
which  was  in  charge  of  an  engineer,  fireman  and  other  employes  of  the 
defendant  company,  who  ran  the  said  car  in  front  of  plaintiff's  said 
engine;  that  the  said  siding  contained  a  number  of  box  cars,  which 
obstructed  plaintiff's  view  of  the  approach  of  the  defendant  company's 
engine  and  car,  and  there  was  no  flagman  stationed  in  a  conspicuous 
place  on  the  said  car  so  that  plaintiff  could  see  such  flagman  and  in 
that  way  detect  the  approach  of  said  engine  and  car ;  and  plaintiff  says 
he  was  without  fault  or  negligence  in  bringing  about  said  collision ;  that 
seeing  said  collision  was  inevitable,  and  being  put  in  fear  for  the  safety 
of  his  life  and  limbs,  he  jumped  from  his  engine,  and  he  says  a  man 
of  ordinary  prudence  under  the  same  circumstances  would  have  jumped 
from  the  same,  and  that  in  the  fall  plaintiff  had  his  right  arm  broken 
at  the  wrist,  and  the  muscles,  tendons  and  ligaments  thereof  torn  and 
severed. 

That  the  collision  and  plaintiff's  said  injuries  were  caused  by  the 
negligence  and  carelessness  of  defendant,  its  servants  and  emploves  in 
charge  of  said  engine  and  car,  whose  names  are  unknown  to  plaintiff, 
but  well  known  to  defendant,  in  this,  that  said  servants  and  employes 
in  approaching  said  crossing,  which  they  did  with  the  car  in  advance 
of  the  engine,  failed  to  bring  the  said  engine  and  car  to  a  full  stop  at  a 
point  where  a  man  of  ordinary  prudence  would  have  done  under  the 
circumstances  with  a  view  to  avoiding  collision  at  the  said  crossing, 
and  failed  to  give  any  signal  of  the  approach  of  said  engine  and  car  by 
sounding  the  whistle  in  two  long  blasts  or  in  any  manner,  and  failed  to 


508  TEXAS  CIVIL  FORM  BOOK. 

have  any  flagman  stationed  in  a  conspicuous  position  on  the  front  of 

the  said  car  so  as  to  perceive  the  approach  of  the  said  " train," 

which  plaintiff  was  propelling,  and  signal  the  engineer  of  his  own 
train  of  such  approach;  and  in  this,  that  even  if  the  said  servants  and 
employes  brought  the  said  engine  and  car  to  a  full  stop  and  sounded  the 
whistle  and  rang  the  bell,  which  is  not  admitted,  but  denied,  that 
plaintiff  did  not  hear  the  same,  notwithstanding  he  was  using  ordinary 
care  to  do  so,  and  no  flagman  was  stationed  in  a  conspicuous  position 
on  the  front  of  the  said  car  so  as  to  perceive  the  approach  of  plaintiff's 
said  engine  and  train,  and  the  exercise  of  ordinary  care  under  the  cir- 
cumstances required  that  one  be  so  placed  by  defendant,  and  that  had 
a  flagman  been  so  placed  he  could  and  would  have  seen  the  approach  of 
plaintiff's  train  in  time  to  have  signaled  the  engineer  to  have  stopped 
the  same  and  thereby  avoided  the  collision,  or  plaintiff  could  and  would 
have  seen  said  flagman  and  have  stopped  his  train  in  time  to  have 
avoided  the  said  collision. 

That  plaintiff  at  the  time  of  said  injuries  was  a  skilled  and  ex- 
perienced locomotive  engineer  and  pursued  the  business  of  propelling 
railway  locomotive  engines  as  a  vocation,  and  he  earned  on  an  average 

of dollars  per  month,  and  that  his  said  services  were  well  and 

reasonably  worth  that  much,  and  that  he  would  have  continued  to  earn 
that  much  to  this  time;  that  the  said  injuries  have  caused  the  said  wrist 
and  ankle  to  become  stiffened  so  that  he  has  been  unable  to  pursue  his 
said  vocation  or  to  do  any  manual  labor,  and  that  his  said  injuries  are 
permanent  and  incurable,  and  that  he  is  thereby  forever  unfitted  to 
pursue  his  vocation  of  railway  locomotive  engineer,  and  that  on  account 
of  said  injuries  he  has  lost  the  said  earnings,  and  has  been  thereby 
obliged  to  pay  and  become  liable  to  pay  for  medicine  and  medical  treat- 
ment the  sum  of dollars;  that  the  said  injuries  caused  him  great 

mental  and  physical  pain,  and  have  rendered  him  a  cripple  for  life,  and 
his  ability  to  earn  money  and  make  a  living  has  been  thereby  perma- 
nently impaired  and  reduced,  and  all  to  his  actual  damage  in  the  sum 
of dollars. 

Wherefore,  the  premises  considered,  plaintiff  prays  that  defendant  be 
cited  to  appear  and  answer  this  petition  according  to  law;  that  on  final 

trial  he  have  judgment  for  his  said  damages, dollars,  for  costs  of 

suit,  and  for  such  relief,  special  and  general,  in  law  and  in  equity,  that 
he  may  be  justly  entitled  to,  and  he  will  ever  pray. 


Attorney  for  Plaintiff, 


TEXAS  CIVIL  FORM  BOOK.  500 

No.  616. 
PETITION   AGAINST  RAILWAY  COMPANY  FOR  DAMAGES  BY  FIRE. 

The  State  of  Texas,  County  of In  the Court  of 

County,  Texas, Term,  A.  D.  19 .. 

To  the  Honorable ,  Judge  of  said  Court: 

Now  conies ,  who  resides  in  the  county  of , 

in  the  State  of  Texas,  hereinafter  called  plaintiff,  complaining  of  the 

Railway  Company,  a  private  corporation,  duly  incorporated, 

and  doing  business  in County,  Texas,  with  its  line  of  railroad 

extending  in  and  through  said  county,  with  its  local  office  at , 

in  said  county,  in  charge  of  : ,  as  its  local  agent,  who  resides 

in  said  county,  hereinafter  styled  defendant;  and  for  cause  of  action 

plaintiff  represents  to  the  court  that  he  is  and  was  on  or  about  the 

day  of ,  A.  D.  19. .,  the  owner  of  certain  premises  in  the  county 

of ,  in  the  State  of  Texas,  described  as  follows (here 

describe  the  premises  so  as  to  be  identified,  describing  the  farm  or  prem- 
ises, as  the  case  may  be);  that  the  railroad  track  of  defendant  runs 
along  on  the side  of  (or  runs  through)  the  said  farm  (or  prem- 
ises) of  plaintiff;  that  on  the  said  ....  day  of ,  A.  D.  19.  .,  a 

certain  locomotive  was  in  use  on  said  railroad,  and  was  then  and  there 
attached  to  and  drawing  a  train  of  cars  at  the  point  where  said  road 
runs  by  (or  through)  the  premises  of  plaintiff;  that  said  locomotive 
was  so  defectively  and  improperly  built  and  constructed,  and  was  so 
carelessly,  negligently  and  unskillfully  managed  by  the  agents,  servants 
and  employes  of  defendant  in  charge  thereof,  that  sparks  of  fire  escaped 

from  said  locomotive,  and  set  fire  to  the (here  fully  describe  the 

property  destroyed)  of  plaintiff,  and  totally  consumed  the  same,  to  his 
damage  in  the  sum  of dollars. 

Wherefore  plaintiff  prays  that  defendant  be  cited  to  appear  and 
answer  this  petition,  and  for  judgment  for  his  actual  damages  in  the 

sum  of dollars,  for  costs  of  suit,  and  for  such  other  and  further 

relief,  special  and  general,  in  law  and  in  equity,  that  he  may  be  justly 
entitled  to,  for  which  he  will  ever  pray,  etc. 


Attorney  for  Plaintiff. 
COMMENCEMENT  OF  PETITION. 
1.  WHERE  PLAINTIFFS  ARE  PARTNERS. 

Now  comes and ,  plaintiffs,  complaining  of 

,  defendant,  and  represent  to  the  court  that  plaintiffs 

reside  in  the  county  of ,  and  the  defendant  resides  in  the 

county  of ,  in  said  State. 

That  on  or  about  the  ....  day  of ,  A.  D.  19.  .,  

and ,  plaintiffs,  were  and  still  are  partners  in  business, 

under  the  firm  name  of ,  etc. 


510  TEXAS  CIVIL  FORM  BOOK. 

2.  WHERE  PLAINTIFF  IS  A  DOMESTIC  CORPORATION. 

Now  comes  the  Company,  plaintiff,  complaining  of 

,  defendant,  and  represents  to  the  court  that  on  the  .... 

day  of ,  A.  D.  19. .,  plaintiff  was  and  now  is  a  private  corpora- 
tion duly  incorporated  under  and  by  virtue  of  the  laws  of  the  State  of 
Texas,  and  has  its  principal  office  and  place  of  business  in  the  city  of 
,  in  the  county  of 

That is  president,  is  secretary,  and 

is  treasurer  of  said  corporation.  That  the  defendant 

resides  in  the  county  of  ,  in  said  State. 

3.  WHERE   PLAINTIFF    IS   A   FOREIGN   CORPORATION. 

Now  comes Company,  plaintiff,  complaining  of 

,  defendant,  and  represents  to  the  court  that  plaintiff  is  a 

private  corporation,  duly  incorporated  and  existing  under  the  laws  of 

the  State  of ;  that  heretofore,  to  wit,  on  the  ....  day  of , 

A.  D.  19.  .,  plaintiff  filed  in  the  office  of  the  Secretary  of  State  of  the 
State  of  Texas  a  duly  certified  copy  of  its  articles  of  incorporation,  and 
thereupon  said  officer  issued  to  plaintiff  a  permit  to  transact  business 

in  said  State.     That  the  defendant  resides  in  the  county  of  , 

aforesaid. 

4.   WHERE  PLAINTIFF  IS  A  NATIONAL  BANK. 

Now  comes  the  Bank,  plaintiff,  complaining  of 

,  defendant,  and  represents  to  the  court  that  plaintiff  is 

a  national  bank,  organized  and  authorized  to  .transact  business  under  the 

acts  of  Congress,  and  has  its  office  and  place  of  business  in , 

county  of ,  in  said  State. 

That  the  defendant  resides  in  the  county  of  .  ,  in  said  State. 


No.  617. 

PETITION  FOR  MANDAMUS. 

,  Eelator,  vs ,  Commissioner  of  the  General 

Land  Office,  et  al.,  Eespondents.     In  the  Supreme 
Court  of  Texas. 

To  the  Honorable  Supreme  Court  of  Texas : 

Your  petitioner, ,  relator,  complaining  of , 

Commissioner  of  the  General  Land  Office,  and  ,  respond- 
ents, respectfully  represents  that  the  said  relator  resides  in  the  county 

of and  State  of  Texas,  and  that  the  respondent, , 

is  the  duly  elected  and  qualified  Commissioner  of  the  General  Land 


TEXAS  CIVIL  FORM  BOOK.  511 

Office  of  the  State  of  Texas  and  resides  in  the  county  of  Travis  and 

State  of  Texas,  and  that  the  said  respondent,    ,  resides 

in  the  county  of and  State  of  Texas. 

Relator  further  represents  that  heretofore,  to  wit,  on  the   ....   day 

of  ,  19 .  . ,  relator  filed  in  the  General  Land  Office  of  the  State 

of  Texas,  at  Austin,  Texas, 'his  application  in  writing  on  a  form  pre- 
scribed by  the  Commissioner  of  the  General  Land  Office  for  the  pur- 
chase of  Survey  No ,  block  ,  certificate  ,  in 

County,  Texas,  containing  acres  of  land,  which  said 

application  was  duly  verified  by  the  affidavit  of  your  relator  as  required 
by  law,  and  at  the  same  time  your  relator  paid  into  the  State  Treasury 
one-fortieth  of  the  purchase  price  of  said  tract  of  land  and  executed 
and  delivered  to  the  Commissioner  of  the  General  Land  Office  his  oath 
and  obligation  in  writing  for  the  balance  of  the  purchase  money  on  a 
regular  form  prescribed  by  the  Commissioner  of  the  General  Land 
Office,  as  shown  by  Exhibit  "A,"  hereto  attached. 

Relator  further  alleges  that  at  the  time  of  the  filing  of  his  said  ap- 
plications he  was  over  twenty-one  years  of  age,  and  that  his  said  tract 

of  land  applied  for  as  additional  land  to  section   .  . .  .,  block   , 

Railwaj'  Company,  was  within  a  radius  of  five  miles  of  his  home 

tract  applied  for,  and  that  said  tract  of  land  was  lawfully  on  the  market 
for  sale  as  a  part  of  the  public  free  school  fund  of  the  State  of  Texas,  duly 

classified  as  dry  grazing  land  and  appraised  at dollars  per  acre 

and  subject  to  sale  to  any  person  complying  with  the  law  who  should 
offer  the  highest  price  for  said  land,  and  relator  further  alleges  that 
the  price  offered  by  him  for  said  additional  tract  of  land  was  the  high- 
est and  only  bid  duly  and  regularly  filed  according  to  law  in  the  Gen- 
eral Land  Office  for  said  additional  tract  of  land  after  it  came  on  the 
market  by  reason  of  the  expiration  of  the  lease  hereinafter  mentioned, 
but  relator  further  alleges  that  his  home  tract  was  rejected  and  that 
your  relator  thereby  became  and  was  entitled  to  be  notified  of  said 
higher  bid  and  to  be  given  thirty  days  within  which  to  designate  his 
additional  tract  of  land  as  his  home  tract;  but  the  Commissioner  of  the 
General  Land  Office,  in  violation  of  the  rights  of  your  relator,  rejected 
your  relator's  application  and  refused  to  approve  same  upon  the  ground 

that  he  had  sold  said  section  of  land  to   under  a  claim 

of  preference  right  to  purchase  same  by  virtue  of  the  fact  that  said 
section  of  land  had  been  leased  by  the  Commissioner  of  the  General 

Land  Office  to  one   ,  for    years  from  the    .... 

day  of ,  19.  .,  by  lease  No ,  and  by  reason  of  the  fact 

that  the  said had  on  the  ....  day  of ,  19 .  . ,  in 

writing  assigned  and  transferred  his  lease  on  said  section  to  the  said 

,  which  facts,  the  Commissioner  of  the  General  Land 

Office  claims,  gave  to  the  said  a  preference  right  to  pur- 
chase said  land  under  which  the  said  Commissioner  of  the  General 
Land  Office  has  attempted  to  sell  said  section  of  land  to  said 


512  TEXAS  CIVIL  FORM  BOOK. 

under  an  application  to  purchase  same  filed  in  the  General  Land  Office 

on  ,  19.  .,  a  copy  of  which  is  hereto  attached,  marked 

Exhibit  "  B." 

Your  relator  further  alleges  that  the  said  attempted  sale  to  the 

said  is  illegal  and  void,  for^  the  reason  that  so  much  of 

the  School  Land  Act  of  1905  as  attempts  to  confer  upon  lessees  and  cer- 
tain assignees  of  public  free  school  land  a  preference  right  to  purchase 
same,  is  in  contravention  of  the  Constitution  of  this  State,  and  of  the 
Bill  of  Eights,  to  wit,  article  1,  section  3,  in  that,  the  same  is  class 
legislation,  and  seeks  to  confer  upon  certain  persons  and  classes  of  per- 
sons unusual  and  special  privileges  not  enjoyed  by  and  granted  to  other 
citizens  of  this  State,  and  said  attempted  sale  under  such  claim  of 

preference  right  cannot  and  does  not  confer  upon  said  .f 

any  title  to  said  land  superior  to  the  right  of  your  relator  to  acquire 
same. 

Relator  further  alleges  that  said  attempted  sale  to  the  said , 

if  relator's  contention  hereinbefore  made  be  not  sustained,  is,  neverthe- 
less illegal  and  void,  for  the  reason  that  said  School  Land  Act  of  1905 
was  not  intended  by  the  Legislature  and  does  not  by  its  terms  confer 
a  preference  right  to  purchase  school  land  under  lease  upon  any  other 
persons  except  those  who  were  lessees  when  said  act  took  effect  or  who 
were  assignees  of  leases  at  the  time  said  act  took  effect,  and  that  said 
School  Land  Act  does  not  by  its  terms  confer  a  preference  right  to  pur- 
chase school  land  upon  any  person  who  might  become  an  assignee  of 
a  lease  after  the  taking  effect  of  said  act,  but  said  act  was  intended  by 
the  Legislature  to  protect  only  those  persons  who  were  lessees  or  as- 
signees at  the  time  of  the  taking  effect  of  said  act,  and  your  relator 

further  alleges  that  the  said  respondent,  ,  became  an 

assignee  of  said  lease  on  said  section  of  land  on  the  ....  da}'  of , 

19..,  after  said  act  took  effect,  and  by  reason  of  his  said  assignment 
he  did  not  acquire  any  preference  right  to  purchase  said  land,  and  that 

by  reason  of  the  fact  that  said  lease  for  three  years  from , 

19.  .,  was  still  in  force  at  the  time  of  his  attempted  purchase  in  good 
standing,  he  could  not  acquire  any  title  to  said  land  by  virtue  of  his  said 
application  to  purchase  same. 

Relator  further  alleges  that  at  the  time  of  the  filing  of  your  relator's 

applications  to  purchase  said  survey  on,  to  wit,  the  ....  day  of , 

19.  .,  said  lease  had  fully  expired  and  said  land  was  on  the  market  for 
sale,  and  your  relator  further  alleges  that  he  still  desires  to  purchase 
said  survey  of  land  and  to  become  an  actual  settler  on  same  as  required 
by  law  and  to  designate  same  as  his  home  tract. 

Wherefore  your  relator  prays  that  the  said  respondents  be  cited  to 
answer  this  petition  and  that  upon  a  hearing  of  this  cause  he  have 
judgment  compelling  and  requiring  the  Commissioner  of  the  General 

Land  Office  to  cancel  his  said  sale  to  the  said  and  to 

approve  the  application  of  }'our  relator,  and  to  allow  your  relator  to 


TEXAS  CIVIL  FORM  BOOK.  513 

designate  said  section  as  his  home  section,  and  to  sell  and  award  same 

to  your  relator  and  that  the  respondent, ,  be  cited  to  show 

why  said  writ  of  mandamus  should  not  issue,  and  that  your  relator 
recover  all  costs  in  this  behalf  expended. 


Attorneys  for  Relator. 

State  of  Texas,  County  of  

Before  me,  the   undersigned   authority,   on   this  day  personally  ap- 
peared   ,  one  of  the  attorneys  for  relator  herein,  who  being 

by  me  duly  sworn  says  on  oath  that  the  facts  set  out  in  the  foregoing 
petition  for  mandamus  are  true. 


Subscribed  and  sworn  to  before  me,  the  undersigned  authority,  this 

the day  of   ,  19.  . 

(Seal.)  

Notary  Public,   County,  Texas. 


PLEADINGS.— ANSWERS,  ETC. 

Pleadings  of  the  defendant — County  and  District  Courts.  R.  S.  Arts.  1262- 
1268  (1262-1269). 

Pleadings  of  the  defendant— Justice  Courts.  R.  S.  Arts.  1604-1605  (1574- 
1575). 

No.  618. 

EXCEPTION  TO  THE  JURISDICTION  OF  THE  COURT. 

.  vs.  ,  No.  .  In Court  of 


County,  Texas,   Term,  A.  D.  19. . 

And  now  comes  the  defendant  in  the  above  cause,  and  excepts  to 
plaintiff's  petition,  and  says  that  the  same  is  insufficient  in  law,  because 
it  appears  therefrom  that  the  matter  in  controversy,  exclusive  of  interest, 

amounts  in  value  to  less  than dollars,  and  that  this  court  has  no 

jurisdiction  of  the  subject  matter  of  this  suit. 

Wherefore  defendant  prays  judgment  of  the  insufficiency  of  said 
petition,  and  that  he  be  dismissed  with  his  costs,  etc. 


Attorney  for  Defendant, 


Form  Book  — 33. 


514  TEXAS  CIVIL  FORM  BOOK. 

No.  619. 
EXCEPTION  TO  THE  RIGHT  OF  A  MARRIED  WOMAN  TO  SUE  ALONE. 

vs No In .  Court  of 

County,  Texas. 

Now  conies  the  defendant  in  the  above  cause  and  excepts  to  plaintiff's 
petition,  and  says  that  the  same  is  insufficient  in  law,  because  it  appears 
therefrom  that  plaintiff  is  a  married  woman,  having  a  husband  living. 

Wherefore  defendant  prays  judgment  of  the  insufficiency  of  said 
petition,  and  that  he  be  dismissed  with  his  costs,  etc. 


Attorney  for  Defendant, 
R.  S.  Art.  1200  (1204). 


No.  620. 
EXCEPTION— NONJOINDER  OF  PARTIES  PLAINTIFF. 

.  vs.  .  No.  ,  In  .  .  Court  of 


County,  Texas. 

Now  comes  the  defendant  in  the  above  cause  and  excepts  to  plaintiff's 
petition,  and  says  that  the  same  is  not  sufficient  in  law,  because  it  appears 

thai  one is  jointly  interested  with  the  plaintiff  in  the 

subject  matter  of  this  suit,  and  is  a  necessary  party  thereto. 

Wherefore  defendant  prays  judgment  of  the  court  that  this  suit  be 
dismissed  for  want  of  parties  and  for  costs  of  suit,  etc. 


Attorney  for  Defendant, 


No.  621. 

EXCEPTION— MISJOINDER  OF  DEFENDANTS. 

vs .  et  al.    No.  ....     In Court  of 

County,  Texas. 

Now  comes  the  defendant,   ,  and  excepts  to  plaintiff's 

petition,  and  says  that  the  same  is  insufficient  in  law,  because  it  appears 
therefrom  that  he  is  improperly  joined  as  defendant  with  the  defendant 


Wherefore  defendant  prays  judgment  of  the  court  that  this  suit  be 
dismissed  because  of  the  improper  joinder  of  parties,  and  for  costs  of 
suit,  etc. 


Attorney  for  Defendant, 


TEXAS  CIVIL  FORM  BOOK.  615 

No.  622. 

EXCEPTION— NONJOINDER  OF  PARTIES  DEFENDANT. 
.  vs.  ,  No.  .  In  .  .  Court  of 


County,  Texas. 

Now  comes  the  defendant  and  excepts  to  plaintiff's  petition,  and  says 
that  the  same  is  insufficient  in  law,  because  it  appears  therefrom  that 

another  person,  to  wit, ,  who  resides  in  the  county  of 

,  in  the  State  of  Texas,  is  a  necessary  party,  and  should  be 

joined  as  defendant. 

Wherefore  defendant  prays  judgment  of  the  court  that  this  suit  be 
dismissed  and  for  costs  of  suit,  etc. 


Attorney  for  Defendant, 


No.  623. 

PLEA  TO  THE  JURISDICTION. 

vs. No In Court  of 

County,  Texas. 

And  now  comes  the  defendant,  by  attorney,  and  says  that  the  matter 
in  controversy,  as  alleged  in  the  plaintiff's  petition,  amounts  in  value, 
exclusive  of  interest,  to  less  than  the  sum  of  ....  dollars,  to  wit,  the 
sum  of  ....  dollars,  and  that  the  same  is  exclusively  cognizable  before 
a  justice  of  the  peace;  and  that  plaintiff  has  falsely  and  fraudulently 

alleged  the  matter  in  controversy  to  amount  to  the  sum  of 

dollars,  as  mentioned  in  his  said  petition,  for  the  purpose  of  giving  this 
court  jurisdiction,  and  this  he  is  ready  to  verify. 

Wherefore  he  prays  judgment  whether  this  court  can  or  will  take 
further  cognizance  of  this  suit. 


Attorney  for  Defendant, 


No.  624. 
PLEA  OF  PLAINTIFF'S  COVERTURE. 

vs No In Court  of 

County,  Texas. 

And  now  comes  the  defendant  in  the  above  cause,  by  his  attorney,  and 
says  that  the  plaintiff,  before  and  at  the  time  of  the  commencement  of 
this  suit,  was  and  still  is  married  to  one ,  then  and  yet  her 


516  TEXAS  CIVIL  FORM  BOOK. 

husband,  who  is  now  living  in  the  county  of ,  and  this  he,  the 

said  defendant,  is  ready  to  verify. 

Wherefore,  because  the  said  is  not  named  in  plaintiff's 

petition,  he  prays  judgment  of  the  court,  and  that  he  be  dismissed  with 
his  costs,  etc. 


Attorney  for  Defendant, 


The  State  of  Texas,  County  of 

I  solemnly  swear  that  I  am  the  defendant  in  the  above  entitled  and 
numbered  cause,  and  that  the  matters  stated  in  the  above  and  foregoing 
plea  are  true. 


Sworn  to  and  subscribed  before  me,  under  my  official  hand  and  seal, 

this  the day  of ,  A.  D.  19 .  . 

(Seal.)  

Notary  Public  in  and  for County. 


No.  625. 
PLEA  OF  DEFENDANT'S  COVERTURE. 

And  now  comes  the  defendant  in  the  above  cause,  by  attorney,  and 
says  that  at  the  time  of  the  commencement  of  this  suit  she  was  and  still 

is  married  to  one  ,  who  is  still  living  in  the  county  of 

,  and  this  she  is  ready  to  verify. 

Wherefore,  because  the  said is  not  named  in  plaintiff's 

petition,  she  prays  judgment  of  the  court,  and  that  she  be  dismissed 
with  her  costs,  etc. 


Attorney  for  Defendant. 
(Add  verification.) 


No.  626. 

PLEA  OF  NONJOINDER  OF  A  PARTY  DEFENDANT. 

Now  comes  the  defendant  in  above  cause,  in  answer  to  plaintiff's 
petition,  and  says  that  the  contract  mentioned  and  set  forth  in  said 
petition,  ff  any  such  was  ever  made,  was  made  by  defendant  jointly  with 

one ,  who  is  now  living  in  the  county  of ,  and  not 

by  this  defendant  alone,  and  this  he  is  ready  to  verify. 


TEXAS  CIVIL  FORM  BOOK.  517 

I  Wherefore,  because  the  said is  not  named  in  plaintiffs 

petition,  defendant  prays  judgment  of  the  court,  and  that  he  be  dis- 
missed with  his  costs,  etc. 


Attorney  for  Defendant. 
(A*dd  verification.) 


No.  627. 
PLEA  OF  PENDENCY  OF  ANOTHER  SUIT. 

Now  comes  the  defendant,  by  his  attorney,  and  says  that  before  the 

commencement  of  this  suit  the  said  plaintiff,  on  the  ....  day  of , 

A.  D.  19 . .,  filed  his  petition  in  the Court  of County, 

Texas,  against  this  defendant,  for  the  same  identical  cause  of  action  in 
the  petition  in  this  present  suit  mentioned,  as  by  the  record  and  pro- 
ceedings thereof  remaining  in  the  said  Court  of  

County,  more  fully  appears.  And'  the  said  defendant  further  says  that 
the  parties  in  this  and  the  said  former  suit  are  the  same,  and  not  other 
or  different  persons,  and  that  the  supposed  cause  of  action  in  this  and 
the  said  former  suit  are  the  same,  and  not  other  or  different  causes  of 
action,  and  the  said  former  suit  so  brought  and  prosecuted  against 
the  said  defendant  by  the  said  plaintiff  as  aforesaid  is  still  pending  in 
said  court  aforesaid,  and  this  he  is  ready  to  verify. 

"Wherefore  defendant  prays  judgment  of  the  court,  and  that  he  be 
dismissed  with  his  costs,  etc. 


Attorney  for  Defendant. 
(Add  verification.) 


No.  628. 

PLEA  OF  GENERAL  DENIAL. 

Now  comes  the  defendant  in  the  above  cause,  by  his  attorney,  and 
denies  all  and  singular  the  allegations  in  plaintiff's  petition,  and  of  this 
he  puts  himself  upon  the  country. 

Wherefore  defendant  prays  judgment  of  the  court  that  he  be  dis- 
charged with  his  costs,  etc. 


Attorney  for  Defendant. 


518  TEXAS  CIVIL  FORM  BOOK. 

No.  629. 
PLEA  OF  COVERTURE  OF  DEFENDANT. 

Now  comes  the  defendant  in  the  above  cause,  by  her  attorney,  and 
aays  that  she,  the  said  defendant,  before  and  at  the  time  of  making  of 
the  said  several  supposed  promises  and  undertakings  in  said  petition 

mentioned,  was  and  still  is  the  wife  of  one ,  who  now 

resides  in  the  county  of ,  and  this  she  is  ready  to  verify. 

Wherefore  defendant  prays  judgment  of  the  court,  that  she  be  dis- 
charged with  her  costs,  etc. 


Attorney  for  Defendant. 


No.  630. 
PLEA  OF  INFANCY  OF  DEFENDANT,  WHO  IS  STILL  A  MINOR. 

Now  comes  the  defendant  in  the  above  cause,  by  , 

appointed  by  the  court  as  guardian  ad  litem  of  the  said  defendant,  to 
defend  for  the  said  defendant  in  this  cause,  who  is  a  minor  under  the 
age  of  twenty-one  years,  and  says  that  the  said  defendant,  at  the  time 
of  making  of  the  several  supposed  promises  and  undertakings  in  said 
petition  mentioned,  was  a  minor  under  the  age  of  twenty-one  years, 
to  wit,  of  the  age  of  ....  years,  and  this  he  is  ready  to  verify. 

Wherefore  he  prays  judgment  of  the  court  that  defendant  be  dis- 
charged with  his  costs,  etc. 


Guardian  ad  litem  for  Defendant. 


No.  631. 
PLEA  OF  FORMER  JUDGMENT. 

vs No In Court  of 

County,  Texas. 

Now  comes ,  defendant  in  the  above  cause,  by  his  attor- 
ney, and  says  that  heretofore,  to  wit,  at  the term,  A.  D.  19 .  . ,  of 

the court  in  and  for  the  county  of ,  in  the  State  of 

Texas,  in  a  certain '  suit  therein  pending,  No on  the  docket  of 

said  court,  wherein  the  said   was  plaintiff  and  the  said 

was  defendant,  and  for  the  same  cause  of  action  in  said 

petition  mentioned,  the  said  plaintiff  recovered  judgment  against  said 
defendant  for  the  sum  of  dollars  and  costs  of  suit,  as  by  the 


TEXAS  CIVIL  FORM  BOOK.  519 

record  and  proceedings  thereof  more  fully  appears ;  which  said  judgment 
still  remains  in  full  force  and  effect,  in  nowise  reversed,  satisfied  or 
made  void,  and  this  the  said  defendant  is  ready  to  verify  by  the  said 
record,  to  which  reference  is  hereby  made. 

Wherefore  he  prays  judgment  of  the  court  that  plaintiff  take  nothing 
by  his  suit,  and  that  defendant  be  discharged  with  his  costs,  etc. 


Attorney  for  Defendant. 


No.  632. 
PLEA  OF  ACCOUNT  STATED  AND  EXECUTION   OF   NOTE. 

Now  conies  ,  the  defendant  in  above  cause,  by  his 

attorney,  and  represents  to  the  court  that  after  the  accrual  of  the  cause 
of  action  mentioned  in  plaintiff's  petition,  and  before  the  commence- 
ment of  this  suit,  to  wit,  on  the  ....  *  day  of ,  A.  D.  19 .  . ,  an 

account  was  had  and  stated  by  and  between  the  said  plaintiff  and 
defendant,  of  and  concerning  the  said  several  sums  of  money  in  the 
said  petition  mentioned,  a  copy  of  which  account  is  herewith  filed, 
marked  Exhibit  "  A,"  and  made  a  part  of  this  answer,  and  upon  that 
occasion  he,  the  said  defendant,  was  then  found  in  arrears  and  indebted 

to  plaintiff  in  the  sum  of dollars,  for  which  sum  defendant  then 

made  and  delivered  to  plaintiff  his  certain  promissory  note  in  writing, 

bearing  date  on  the  ....  day  of ,  A.  D.  19.  .,  whereby  he,  the 

said  defendant,  promised  to  pay  to  the  plaintiff,  or  his  order,  on  the 

....  day  of ,  A.  D.  19 .  . ,  the  sum  of dollars  aforesaid,  and 

the  said  plaintiff  then  and  there  accepted  and  received  the  said  prom- 
issory note  in  satisfaction  of  the  said  sum  of dollars  due  as  afore- 
said; and  by  reason  thereof  he,  the  said  defendant,  then  and  there 

hecame  and  still  is  liable  to  pay  the  said  sum  of dollars  in  said 

promissory  note  mentioned  according  to  the  tenor  and  effect  thereof, 
and  this  he  is  ready  to  verify. 

Wherefore  defendant  prays  judgment  of  the  court  that  plaintiff  take 
nothing  by  this  suit,  and  that  defendant  be  discharged  with  his  costs,  etc. 


Attornev  for  Defendant. 


520  TEXAS  CIVIL  FORM  BOOK. 

No.  633. 

PLEA  OF  RELEASE. 

Now  comes  the  defendant  in  the  above  cause,  by  his  attorney,  and 
represents  to  the  court  that  after  the  accrual  of  the  cause  of  action 
mentioned  in  plaintiff's  petition,  and  before  the  commencement  of  this 

suit,  to  wit,  on  the  ....  day  of ,  A.  D.  19 .  .,  the  said  plaintiff,  for 

a  valuable  consideration,  by  his  certain  writing  of  release,  dated  on  the 

....  day  of ,  A.  D.  19.  .,  did  release  and  forever  quitclaim  unto 

this  defendant  all  causes  of  action,  claims  and  demands  which  he,  the 
said  plaintiff,  then  had  against  the  said  defendant,  for  any  matter, 
cause  or  thing  whatsoever,  and  in  particular  did  then  and  there  release 
to  the  said  defendant  the  cause  of  action  set  out  in  his  petition,  and  this 
he  is  ready  to  verify. 

Wherefore  defendant  prays  judgment  of  the  court  that  plaintiff  take 
nothing  by  his  suit,  and  that  he  be  discharged  with  his  costs,  etc. 


Attorney  for  Defendant. 


No.  634. 

PLEA  OF  COUNTERCLAIM. 

Now  comes  the  defendant  in  the  above  cause,  by  his  attorney,  and 
says  that  the  said  plaintiff,  before  and  at  the  time  of  the  commencement 

of  this  suit,  to  wit,  on  the  ....  day  of ,  A.  D.  19.  .,  was  and  still 

is  indebted  to  this  defendant  in  the  sum  of  dollars,  for  divers 

goods,  wares  and  merchandise,  specified  in  the  account  hereto  attached, 
marked  Exhibit  "A"  and  made  a  part  of  this  answer,  sold  and  delivered 
by  this  defendant  to  said  plaintiff  at  his  special  instance  and  request, 
in  consideration  whereof  the  said  plaintiff  promised  and  became  liable 
and  bound  to  pay  defendant  the  prices  charged  therefor  in  said  account 
mentioned,  which  said  sum  of  money  so  due  and  owing  to  this  defendant 
as  above  set  forth  exceeds  the  damages  sustained  by  the  said  plaintiff 
by  reason  of  the  matters  alleged  in  his  petition,  and  out  of  which  said 
sum  this  defendant  is  ready  and  willing,  and  hereby  offers  to  offset  and 
allow  to  the  said  plaintiff  the  full  amount  of  his  said  damages,  and  this 

he  is  ready  to  verify ;  and  for  the  sum  of dollars,  due  and  owing 

this  defendant  as  aforesaid,  after  allowing  and  offsetting  the  damages 
aforesaid  of  said  plaintiff,  this  defendant  prays  judgment  and  for  costs 
of  suit,  etc. 


Attorney  for  Defendant. 
R.  S.  Arts.  750-755   (645-650). 


TEXAS  CIVIL  FORM  BOOK.  521 

No.  635. 

PLEA   OF  TENDER. 
vs.  .  No.  .          In  .  .  Court  of  . 


County,  Texas. 

Now  comes  the  defendant  in  the  above  cause,  by  his  attorney,  and 
denies  all  and  singular  the  allegations  in  plaintiff's  petition,  except  as 

to  the  sum  of dollars  (the  amount  tendered),  and  of  this  he  puts 

himself  upon  the  country. 

Wherefore  he  prays  judgment  of  the  court,  etc. 


Attorney  for  Defendant. 

And  for  further  plea  in  this  behalf,  defendant  says  that  when  the  said 

sum  of dollars,  part  of  the  sum  of  money  mentioned  in  plaintiff's 

petition,  became  due  and  payable,  he,  the  said  defendant,  was  and  from 
thence  hitherto  has  been  and  still  is  ready  and  willing  to  pay  the  same; 
and  that  heretofore,  before  the  commencement  of  this  suit,  to  wit,  on 

the  ....  day  of ,  A.  D.  19 .  .,  he  tendered  and  offered  to  pay  to  the 

said  plaintiff  the  said  sum  of dollars,  to  receive  which  of  the  said 

defendant  the  said  plaintiff  then  and  there  wholly  refused ;  and  the  said 

defendant  now  brings  the  said  sum  of dollars  so  tendered  into 

court  here,  ready  to  be  paid  to  the  said  plaintiff,  if  he  will  accept  the 
same,  and  this  he  is  ready  to  verify. 

Wherefore  he  prays  judgment  of  the  court  that  he  be  discharged  with 
his  costs,  etc. 


Attorney  for  Defendant. 


No.  636. 

PLEA  OF  NON  EST  FACTUM. 

Now  comes  ,  defendant  in  the  above  cause,  in  answer  to 

plaintiff's  petition,  and  says  that  the  note  or  instrument  in  writing 
mentioned  in  said  petition  was  not  signed  or  executed  by  him,  nor  by 
any  person  authorized  by  him  to  sign  or  execute  it  for  him;  that  said 
instrument  of  writing  was  made  without  defendant's  knowledge  or 
consent,  and  that  he  has  never  at  any  time  since  ratified  or  confirmed 
the  same. 

Wherefore  defendant  says  that  said  note  or  instrument  in  writing  is 
not  his  act  and  deed,  and  of  this  he  puts  himself  upon  the  country. 


(Add  verification.) 


522  TEXAS  CIVIL  FORM  BOOK. 

No.  637. 
PLEA  OF  ACCORD  AND  SATISFACTION. 

Xow  comes  the  defendant  in  the  above  cause,  by  his  attorney,  and 
says  that  before  the  commencement  of  this  suit,  to  wit,  on  the  ....  day 

of ,  A.  D.  19. .,  he,  the  said  defendant,  paid  to  the  said  plaintiff 

the  sum  of dollars,  in  full  satisfaction  and  discharge  of  the  cause 

of  action  in  said  petition  mentioned,  and  of  all  damages  by  the  said 

plaintiff  sustained  by  reason  thereof,  which  said  sum  of dollars 

the  said  plaintiff  then  and  there  accepted  and  received  of  and  from  the 
said  defendant,  in  full  satisfaction  and  discharge  of  his  said  cause  of 
action,  and  of  the  damages  by  the  said  plaintiff  sustained,  and  this  he 
is  ready  to  verify. 

Wherefore  defendant  prays  judgment  of  the  court  that  he  be  dis- 
charged with  his  costs,  etc. 


Attornev  for  Defendant. 


No.  638. 
PLEA  OF  FAILURE  OF  CONSIDERATION. 

.Now  comes  the  defendant  in  the  above  cause,  in  answer  to  plaintiff's 
pt'ti  (.ion  (or  cause  of  action,  if  pleading  is  oral),  and  says  that  heretofore, 

to  wit,  on  the  ....  day  of ,  A.  D.  19.  .,  plaintiff  sold  to  defendant 

a  certain  (here  describe  the  property  sold),  for  the  sum  of 

dollars,  for  which  defendant  executed  and  delivered  to  plaintiff 

the  ?aid  promissory  note  described  in  plaintiff's  petition;  that  at  the 
time  of  said  sale  and  the  execution  of  said  note,  and  in  consideration 

thereof,  plaintiff  warranted  said to  perform  (or  work)  well, 

and  afterward,  on  or  about  the  ....  day  of ,  A.  D.  19.  .,  said 

was  fairly  tried  and  used,  but  did  not  perform  (or  work)  well, 

and  was  and  is  utterly  worthless  and  of  no  value  to  defendant  (or  here 
state  such  facts  of  warranty  and  failure  as  may  be  applicable  to  the  case), 
all  of  which  plaintiff  then  and  there  had  notice. 

That  afterward,  to  wit,  on  the  ....  day  of ,  A.  D.  19. .,  de- 
fendant offered  to  return  said to  the  plaintiff,  who  then  and 

there  refused  to  receive  the  same.  Wherefore  defendant  says  that  the 
consideration  for  which  said  note  was  given  has  wholly  failed,  and  this 
he  is  ready  to  verify. 

Wherefore  defendant  prays  judgment  of  the  court  that  plaintiff  take 
nothing  by  his  suit  and  that  he  be  discharged  with  his  costs,  etc. 


Attorney  for  Defendant 
(Above  plea  must  be  sworn  to.) 
R.  S.  Art.  314  (272). 


TEXAS  CIVIL  FORM  BOOK.  523 

No.  639. 

EXCEPTION  AND  PLEA  OF  LIMITATION, 
vs No.  .  In  .  .  Court  of  . 


County,  Texas. 

Now  comes  the  defendant  in  the  above  cause,  by  his  attorney,  and 
excepts  to  plaintiff's  petition  in  this,  that  it  appears  therefrom  that 

plaintiff's  cause  of  action  as  therein  stated  accrued  more  than 

years  before  the  commencement  of  this  suit,  and  the  same  is  barred  by 
the  statute  of  limitation,  and  of  this  he  prays  judgment  of  the  court. 

And  for  answer  ^herein,  if  such  be  necessary,  defendant  says  that 

plaintiff's  cause  of  action,  if  any  he  had,  accrued  more  than 

years  before  the  commencement  of  this  suit,  and  the  same  is  barred  by 
limitation,  and  this  he  is  ready  to  verify. 

Wherefore  defendant  prays  judgment  of  the  court  that  plaintiff  take 
nothing  by  his  suit,  and  that  he  be  discharged  with  his  costs,  etc. 


Attornev  for  Defendant. 
R.  S.  Art,  3371    (3220). 


No.  640. 

ANSWER   CONTAINING  GENERAL  AND  SPECIAL  EXCEPTIONS   AND 
GENERAL  DENIAL. 

vs No In Court  of 

County,  Texas. 

Now  comes  defendant  in  the  above  cause,  by  his  attorney,  and  excepts 
to  -plaintiff's  petition  herein,  and  says  that  the  same  is  not  sufficient  in 
law  to  require  him  to  answer,  and  should  be  dismissed. 

Wherefore  defendant  prays  judgment  of  the  court,  and  that  he  be 
discharged  with  his  costs,  etc. 


Attorney  for  Defendant. 

And  for  special  cause  of  exception  defendant  shows  the  following: 

(here  set  out  fully  the  special  grounds  of  exceptions,  giving 

the  number  of  each,  if  more  than  one). 

Wherefore  defendant  prays  judgment  of  the  court,  etc. 


Attorney  for  Defendant. 

And  for  answer  herein,  if  such  be  necessary,  without  waiving  any  of 
his  exceptions  herein  but  still  insisting  on  the  same,  this  defendant 
denies  each  and  every  allegation  in  plaintiff's  petition  contained,  and 


524  TEXAS  CIVIL  FORM  BOOK. 

says  that  the  same  are  not  true  in  whole  or  in  part;  and  of  this  he  puts 
himself  upon  the  country. 

Wherefore  defendant  prays  judgment  of  the  court  that  plaintiff  take 
nothing  by  his  suit,  and  that  he  go  hence  without  day  with  his  costs,  etc. 


Attorney  for  Defendant. 


No.  641. 

FORM   OF  ANSWER  OF  RAILWAY  COMPANY  FOR  INJURIES  BY  COLLI- 
SION AT  INTERSECTION  OF  ROADS. 

vs No In Court  of 

County,  Texas, Term,  A.  D.  19 .. 

Now  comes  the  defendant,  hy  its  attorney,  and  excepts  to  plaintiff's 

original  petition  herein  filed,  and  says  the  same  is  insufficient 

in  law,  and  should  be  stricken  out. 

-Wherefore  he  prays  judgment  of  the  court,  etc. 


Attorney  for  Defendant. 

And  for  special  exceptions  herein,  defendant  says: 

1.  Said  petition  on  its  face  shows  that  plaintiff  was  guilty  of  con- 
tributory negligence  which  was.  the  proximate  cause  of   the  injuries 
complained  of  by  plaintiff  in  his  said  petition. 

2.  That  part  of  plaintiff's  said  petition  which  alleges  that  defendant's 

riidc  track    of  the  " road "  and  of  the  placing  of 

box  cars  thereon  by  defendant,  are  improper  and  ought  to  be  stricken 
out,   because  defendant  has  the  legal  right  to  have  said  side  tracks 
thereat  and  to  place  its  box  cars  thereon  without  increasing  its  liability 
to  plaintiff,  and  without  devolving  upon  it  any  greater  duties  to  plaintiff 
in  the  matters  alleged  in  his  petition. 

Wherefore  defendant  prays  judgment  of  the  court,  etc. 


Attorney  for  Defendant. 

And  for  answer  herein,  if  such  be  necessary  without  waiving  any  of 
his  exceptions  herein,  defendant  denies  all  and  singular  the  allegations 
contained  in  plaintiff's  said  petition,  and  says  that  the  same  are  not  true 
in  whole  or  in  part,  and  of  this  it  puts  itself  upon  the  country. 

Wherefore  defendant  prays  judgment  of  the  court,  etc. 


Attorney  for  Defendant. 


TEXAS  CIVIL  FORM  BOOK.  525 

And  further  answering  to  said  petition,  defendant  says  that  plaintiff, 
nt  the  time  of  the  alleged  accident,  was  engineer  of  the  " Rail- 
way Company's  train,"  which  collided  with  the  box  car  on  defendant's 

road  at  the  crossing  of  said  company's  track  at ,  and  that 

plaintiff  contributed  to  said  accident  and  to  his  own  injuries,  if  any  he 
suffered,  by  running  the  said  engine  and  train  of  which  he  was  engineer 

nt  an  unusual  and  unlawful  rate  of  speed,  to  wit,  at  the  rate  of 

miles  per  hour,  when  the  ordinance  of  the  city  of ,  within  whose 

corporate  limits  said  collision  occurred  and  the  rules  of  both  of  said  rail- 
way companies,  aforesaid,  forbade  the  running  of  any  trains  within  the 

corporate  limits  of  said  city  at  a  higher  rate  of  speed  than miles 

per  hour,  and  the  said  ordinance  of  said  city  affixed  a  penalty  for  the  vio- 
lation thereof,  and  that  there  had  been,  up  to  a  few  iours  before  the  said 
collision,  kept  and  maintained  at  said  crossing,  jointly  by  said  two 
railway  companies,  a  crossing  gate,  but  which  gate  was  then  and  there 
torn  down,  and  which  fact  was  known  to  plaintiff  or  could  have  been 
known  to  him  by  the  exercise  of  ordinary  care,  as  he  passed  said  crossing 
frequently,  and  which  fact  of  said  gate  being  torn  down  was  unknown 
to  defendant's  crew  at  the  time  of  said  alleged  accident,  who  had  not 
passed  said  crossing  for  some  time  prior  to  said  alleged  collision;  and 
that  plaintiff  knowing  that  said  gate  was  down  and  that  there  was  no 
flagman  at  said  crossing  or  other  device  for  giving  a  signal  thereat, 
should  have  taken  such  steps  as  were  reasonably  necessary  to  satisfy 
himself  that  said  crossing  was  clear  and  that  no  train  was  approaching 
thereto  from  defendant's  road  before  entering  upon  said  crossing;  that 
notwithstanding  plaintiff's  knowledge  of  these  facts  and  of  his  duty,  as 
aforesaid,  and  while  so  running  said  train  toward  said  crossing,  he 
failed  to  stop  his  train  before  entering  upon  said  crossing,  as  required 
by  law  and  by  the  rules  of  both  of  said  companies,  and  failed  to  give 
any  signal  by  whistle  or  bell  or  otherwise,  as  required  by  law  and  by 
the  rules  of  both  of  said  companies,  and  failed  to  use  any  care  or  pre- 
caution to  prevent  said  collision,  and  ran  into  defendant's  box  car  while 
running  at  said  high  rate  of  speed,  and  while  defendant's  box  car  was 
then  and  there  on  the  crossing  and  entitled  to  the  right  of  way  at  said 
crossing,  and  was  then  being  properly  and  carefully  handled  bv  defend- 
ant's agents  and  servants,  who  were  careful  and  skillful  trainmen,  the 
law  and  said  rules  above  mentioned  requiring  that  plaintiff,  under  the 
circumstances  mentioned,  should  have  brought  his  train  to  a  full  stop 
and  should  have  given  signals  by  whistle  and  bell  before  approaching 
said  crossing  and  at  a  reasonably  safe  distance  therefrom,  all  of  which 
plaintiff  then  and  there  failed  and  refused  to  do,  and  in  these  particulars 
he  was  guilty  of  gross  contributors  negligence  which  caused  the  collision, 
and  approximately  caused  the  injuries  complained  of,  if  anv  he  received, 
and  that  plaintiff  prior  to  said  accident  was  in  the  habit  of  passinsr  said 
crossing  at  an  unlawful  hnd  unusual  rate  of  speed,  as  aforesaid,  without 
stopping  or  giving  signals,  as  required  by  law  and  the  rules  of  said 


526  TEXAS  CIVIL  FORM  BOOK. 

companies,  and  plaintiff  was  careless,  unskillful  and  negligent  in  the 
operation  of  his  said  engine,  and  that  by  reason  of  the  premises  he  is  not 
entitled  to  recover  any  damages  herein. 

Wherefore  defendant  prays  judgment  of  the  court,  etc. 


Attornev  for  Defendant. 


No.  641  1-2. 
ANSWER— TRESPASS  TO  TRY  TITLE— PLEA  OF  NOT  GUILTY. 

vs Xo In Court  of 

County,  Texas. 

Now  comes  the  defendant  in  the  above  entitled  and  numbered  cause, 
by  his  attorney,  and  says  that  he  is  not  guilty  of  the  injury  complained 
of  in  the  petition  filed  by  the  plaintiff  against  him,  and  of  this  he  puts 
himself  upon  the  country. 

Wherefore  he  prays  judgment  of  the  court  that  he  go  hence  without 
day,  and  recover  of  plaintiff  all  costs  in  this  behalf  incurred. 


Attorney  for  Defendant. 
R.  S.  Art.  5256  (4792). 

Under  such  plea  of  not  guilty  the  defendant  may  give  in  evidence  any 
lawful  defense  to  the  action,  except  the  defense  of  limitation,  which 
shall  be  specially  pleaded. 

R.  S.  Art.  5257^(4793). 

If  the  defendant  claims  an  allowance  for  improvements  he  shall  state 
the  facts  entitling  him  to  the  same. 

Such  plea  or  any  other  answer  to  the  merits  shall  be  an  admission  by 
the  defendant,  for  the  purpose  of  that  action,  that  he  was  in  the  pos- 
session of  the  premises  sued  for,  or  that  he  claimed  title  thereto  at  the 
time  of  commencing  the  action,  unless  he  states  distinctly  in  his  answer 
the  extent  of  his  possession  or  claim,  in  which  case  it  shall  be  an  admis- 
sion to  such  extent  only. 

R.  S.  Art.  5258  (4794). 

Where  the  defendant  claims  part  of  the  premises  only,  the  answer 
shall  be  equivalent  to  a  disclaimer  of  the  balance. 
R.  S.  Art.  5269  (4805). 


TEXAS  CIVIL  FOKM  BOOK.  527 

No.  642. 
PLEA  FOR  VALUABLE  IMPROVEMENTS  MADE  IN  GOOD  FAITH. 

.   vs.  Xo.          .   In  District  Court  of   . 


County,  Texas. 

Xow  comes  the  defendant  in  the  above  entitled  and  numbered  cause, 
by  his  attorney,  and  represents  to  the  court  that  he  and  those  under 
whom  he  claims  have  had  adverse  possession,  in  good  faith,  of  the 
premises  in  controversy  and  described  in  plaintiff's  petition,  for  more 
than  one  year  next  before  the  commencement  of  this  suit. 

That  on  or  about  the  ....  day  of ,  A.  D.  19 .  . ,  one 

was  in  possession  of  said  premises  claiming  under  a  regular  chain  of 

title  from  one  ,  to  whom  said  land  was  granted  by  the 

State  of  Texas  by  patent,  and  said  premises  were  sold  under  an  execu- 
tion issued  out  of  the Court  of County,  Texas,  under 

a  judgment  rendered  in  said  court  on  or  about  the  ....  day  of , 

A.  D.  19..,  in  a  suit  tjierein  pending,  wherein  was 

plaintiff  and  said  was  defendant,  and  be- 
came the  purchaser  thereof  at  said  sale,  and  received  a  deed  therefor,  duly 

executed  by  the  officer  making  said  sale;  that  afterward  said , 

by  his  deed  duly  executed,  conveyed  the  said  premises  to  this  defendant, 
for  a  valuable  consideration  paid  to  him  by  this  defendant,  and  this 
defendant  believed,  and  had  good  reason  to  believe,  that  he  therelry 
acquired  a  good  and  valid  title  thereto.  And  defendant  further  says  that 
be  and  those  under  whom  he  claims  have  made  permanent  and  valuable 
improvements  on  said  land  and  premises  during  the  time  they  have  had 
such  possession,  as  follows,  to  wit (here  state  the  improve- 
ments made,  stating  the  items  and  value  specifically). 

Wherefore  defendant  prays  the  court  that  he  may  have  judgment  for 
the  value  of  said  improvements  aforesaid,  should  judgment  bo  herein 
rendered  for  plaintiff  for  said  premises,  or  any  part  of  the  same,  on 
which  said  improvements  are  situated,  etc. 


Attorney  for  Defendant. 
R.  S.  Art.  5277  (4813). 


No.  643. 

PLEA  OF  THREE  YEARS'  POSSESSION  AND  LIMITATION. 
.   vs.  Xo.     ...   In  District  Court  of  . . 


County,  Texas. 

Xow  comes  the  defendant,  and  for  further  plea  in  this  behalf,  and 
says  that  plaintiff  ought  not  to  have  and  irtSiintain  his  aforesaid  cause 
of  action  against  him,  because  he  says  that  he  has  had  and  held  pence- 
able,  continuous  and  adverse  possession  under  title  (or  color  of  title) 


528  TEXAS  CIVIL  FORM  BOOK. 

from  and  under  the  State  of  Texas,  of  the  lands  and  tenements  claimed 
in  said  plaintiff's  petition,  for  more  than  three  years  after  plaintiff's 
cause  of  action  accrued,  and  before  the  commencement  of  this  suit,  and 
this -he  is  ready  to  verify. 

Wherefore  he  prays  judgment  of  the  court  that  plaintiff  take  nothing 
by  his  suit,  that  he  go  hence  without  day  and  recover  of  the  plaintiif  all 
costs  in  this  behalf  expended,  etc. 


Attorney  for  Defendant. 

R,  S.  Art.  3340   (3191). 


No.  644. 

PLEA  OF  THREE  YEARS'  POSSESSION  AND  LIMITATION  AS  TO  PART, 
NOT  GUILTY  AS  TO  THE  RESIDUE. 

Now  comes  the  defendant,  and  for  further  plea  in  this  behalf,  and 
says  that  plaintiff  ought  not  to  have  and  maintain  his  aforesaid  cause 
of  action  against  him,  because  he  says  that,  claiming  to  be  the  true  and 

lawful  owner  of acres  of  land  situated  in County, 

Texas,  out  of  the survey,  with  metes  and  bounds  as  follows : 

(here  describe  the  land),  he  has  had  and  held  under  color  of 

title,  from  and  under  the  State  of  Texas,  peaceable,  continuous  and 
adverse  possession  of  the  lands  and  tenements  above  described,  for  a 
period  of  more  than  three  years  after  plaintiffs  cause  of  action  accrued, 
and  before  the  commencement  of  this  suit;  and  further  says  that  he  is 
not  guilty  of  any  of  the  said  supposed  wrongs,  injuries  and  trespasses 
in  said  plaintiff's  petition  complained  of  against  him,  in  manner  and 
form  as  therein  alleged,  all  of  which  he  is  ready  to  verify. 

Wherefore  defendant  prays  judgment  of  the  court,  that  plaintiff  take 
nothing  by  his  suit,  that  he  go  hence  without  day,  and  recover  of  the 
plaintiff  all  costs  in  this  behalf  expended,  etc. 


Attorney  for  Defendant. 


No.  645. 

PLEA  OF  FIVE  YEARS'  POSSESSION  AND  LIMITATION. 

Now  comes  the  defendant,  and  for  further  plea  in  this  behalf  and  says, 
that  plaintiff  ought  not  to  have  and  maintain  his  aforesaid  cause  of 
action  against  him,  because  he  says  that  he  (and  those  whose  estate  he 
has),  claiming  the  same  under  a  deed  (or  deeds,  as  the  case  may  be), 
duly  registered,  has  had  peaceable,  continuous  and  adverse  possession 
of  the  lands  and  tenements  claimed  in  said  plaintiff's  petition,  culti- 


TEXAS  CIVIL  FOBM  BOOK.  529 

vating  (or  using  or  enjoying)  the  same,  and  paying  all  taxes  due  thereon, 
for  a  period  of  more  than  five  years  after  plaintiff's  cause  of  action 
accrued,  and  before  the  commencement  of  this  suit,  and  this  he  is  ready 
to  verify. 

Wherefore  defendant  prays  judgment  of  the  court,  etc. 


R.  S.  Art.  3342  (3193).  Attorney  for  Defendant. 


No.  646. 
PLEA  OF  TEN  YEARS'  POSSESSION  AND  LIMITATION. 

Now  comes  the  defendant,  and  for  further  plea  in  this  behalf  and 
says,  that  plaintiff  ought  not  to  have  and  maintain  his  aforesaid  cause  of 
action  against  him,  because  he  says  that  he,  claiming  to  have  good  and 

perfect  right  and  title  to  the  land,  situated  in County,  Texas, 

bounded  and  described  as  follows,  to  wit (here  describe  the 

land  so  as  to  include  the  improvements),  being  part  of  the  lands  and 
tenements  claimed  in  said  plaintiffs  petition,  has  had  and  held  peace- 
ably the  land  claimed,  and  adverse  possession  of  the  same,  cultivating, 
using  or  enjoying  the  same  for  a  period  of  more  than  ten  years  after 
plaintiff's  cause  of  action  accrued  and  before  the  commencement  of  this 
suit,  and  this  he  is  ready  to  verify. 

Wherefore  defendant  prays  judgment  of  the  court,  etc. 


R.  s.  Art.  3343  (3194).  Attorney  for  Defendant. 


No.  647. 

PLEA  OF  TITLE  UNDER  WRITTEN  MEMORANDUM  AND  TEN  YEARS' 
POSSESSION  WITHOUT  INCLOSURE  OF  THE  WHOLE. 

Now  comes  the  defendant  in  the  above  cause,  and  for  further  plea  in 
this  behalf,  and  says  that  plaintiff  ought  not  to  have  and  maintain  his 
aforesaid  cause  of  action  against  him,  because  he  says  that  he  now  has 
and  has  had  peaceable,  continuous  and  adverse  possession  of  the  land 
mentioned  in  plaintiff's  petition,  cultivating,  using  and  enjoying  the 
same  for  the  period  of  ten  years  after  the  plaintiff's  cause  of  action 
accrued,  and  before  the  commencement  of  this  suit,  taken  and  held 
under  a  written  memorandum  of  title,  specifying  the  boundaries  of  said 

tract,  and  duly  recorded  on  the  ....  day  of ,  A.  D.  19. .,  in  the 

office  of  the  county  clerk  of County,  Texas,  and  this  he  is  ready 

to  verify. 

Wherefore  defendant  prays  judgment  of  the  court,  etc. 


R.  S.  Art.  3344  (3195). 

Form  Book  —  34. 


530  TEXAS  CIVIL  FORM  BOOK. 

No.  648. 
PLEA   OF  TITLE  UNDER  TEN  YEARS'   POSSESSION   WITH  INCLOSURE. 

Now  conies  the  defendant,  and  for  further  plea  in  this  behalf,  and 
says  that  the  plaintiff  ought  not  to  have  and  maintain  his  aforesaid 
cause  of  action  against  him,  because  he  says  that  he  now  has  and  has 
had  peaceable  and  adverse  possession  by  an  actual  inclosure  of  the  land 
and  tenements  mentioned  in  plaintiff's  petition,  cultivating,  using  and 
enjoying  the  same  for  the  period  of  ten  years  after  plaintiff's  cause  of 
action  accrued,  and  before  the  commencement  of  this  suit,  and  this  he 
is  ready  to  verify. 

Wherefore  defendant  prays  judgment  of  the  court  that  plaintiff  take 
nothing  by  his  suit,  and  that  he  go  hence  without  day,  and  recover  of 
the  plaintiff  all  the  costs  in  this  behalf  expended,  and  for  such  relief 
that  he  may  be  justly  entitled  to,  etc. 


Attorney  for  Defendant. 

The  peaceable  and  adverse  possession  contemplated  in  article  3343 
(3194),  as  against  the  person  having  right  of  action,  shall  be  construed 
to  embrace  not  more  than  one  hundred  and  sixty  acres,  including  the 
improvements  or  the  number  of  acres  actually  inclosed,  should  the  same 
exceed  one  hundred  and  sixty  acres;  but  when  such  possession  is  taken 
and  held  under  some  written  memorandum  of  title,  other  than  a  deed, 
which  fixes  the  boundaries  of  the  possessor's  claim  and  is  duly  registered, 
such  peaceable  possession  shall  be  construed  to  be  coextensive  with  the 
boundaries  specified  in  such  instrument. 

R.  S.  Art.  3344  (3195). 


TEXAS  CIVIL  FORM  BOOK.  531 

SEQUESTRATION. 

R.  S.  Arts.  4864-4888  (4489-4513). 

In  what  cases  writs  of  sequestration  can  issue. 
R.  S.  Art.  4864  (4489). 

No  sequestration  shall  issue  in  any  cause  until  the  party  applying 
therefor  shall  file  an  affidavit  in  writing,  stating,  etc. 
R.  S.  Art.  4865  (4490). 

No.  649. 
AFFIDAVIT  FOR  WRIT  OF  SEQUESTRATION. 

The  State  of  Texas,  County  of In  District  Court  of 

County,  Texas, Term,  A.  D.  19 .. 

vs 

To  the  Honorable ,  Judge,  or ,  Esq.,  Clerk  of 

said  Court : 

Now  conies  your  petitioner,  ,  plaintiff  in  the  above 

entitled  cause,  and  applies  for  a  writ  of  sequestration  in  this  cause,  and 

says  that  she  is  the  lawful  wife  of ,  defendant  herein. 

That  on  the  ....  day  of ,  A.  D.  19. .,  she  filed  in  this  court  this 

suit  against  her  husband,  for  divorce.  That  your  petitioner  is  the 

owner  in  her  own  separate  right  of  separate  property  as  follows 

(here  describe  each  article,  with  its  value);  that  she  is  the  owner  in 
her  own  separate  right  of  the  whole  (or  if  an  interest  only,  specify  such 
interest)  of  said  described  property,  and  is  entitled  to  the  possession 

thereof.  All  of  this  said  property,  aggregating  the  value  of 

dollars,  is  situated  in County,  Texas. 

Petitioner  says  that  she  fears  her  said  husband,  ,  will 

remove  her  said  separate  property  beyond  the  limits  of  said 

County,  during  the  pendency  of  said  suit  for  divorce  (or,  as  the  case 
may  be,  that  she  fears  her  said  husband,  pending  said  suit  for  divorce, 
will  waste  her  said  property,  or  their  common  property,  or  the  fruits  or 
revenues  produced  by  either,  or  that  he  will  sell  or  otherwise  dispose 
of  it  so  as  to  defraud  her  of  her  just  right  to  or  in  the  same) ;  wherefore 
plaintiff  prays  that  a  writ  of  sequestration  issue  in  this  cause  to  the 

sheriff  or  any  constable  of County,  Texas,  commanding  him  to 

take  into  his  possession  the  property  herein  described,  and  keep  the  same 
subject  to  the  further  orders  of  this  honorable  court,,  unless  the  same 
be  replevied  according  to  law. 


Sworn  to  and   subscribed  before   me,   this   the  ....  day   of 
A.  D.  19.. 
(Seal.)  

R.  S.  Art.  4865  (4490). 


632  TEXAS  CiviL  FORM  BOOK. 

No.  650. 
AFFIDAVIT   FOR    SEQUESTRATION. 

The  State  of  Texas,  County  of In  District  Court  of 

County,  Texas, Term,  A.  D.  19.  . 

vs No 

To  the  Judge  or  Clerk  of  said  Court: 

Now  comes  your  petitioner,    ,   plaintiff   in  the  above 

entitled  cause,  and  applies  for  a  writ  of  sequestration  in  this  cause,  and 

says  that  on  the  ....  day  of ,  A.  D.  19.  .,  he  filed  in  this  court 

this  suit  against  defendant,   ,  for  the  title  (or  possession, 

as  the  case  may  be)  of  the  following  described  real  property,  situated  in 

County,  Texas,  to  wit (here  describe  the  property), 

valued  at  the  sum  of dollars.    Petitioner  says  that  he  is  the  owixer 

of  said  property,  and  is  entitled  to  the  possession  thereof;  that  your 

petitioner  fears  the  defendant,  the  said (or  the  person  in 

possession  thereof,  as  the  case  may  be),  will  make  use  of  his  possession 
to  injure  such  property  (or  waste  or  convert  to  his  own  use  the  fruits 
or  revenue  produced  by  the  same,  as  the  case  may  be).  Wherefore 
plaintiff  prays  that  a  writ  of  sequestration  issue  in  this  cause  to  the 

sheriff  or  any  constable  of County,  Texas,  commanding  him  to 

take  into  his  possession  the  property  herein  described,  and  keep  the  same 
subject  to  the  further  orders  of  this  honorable  court,  unless  the  same 
be  replevied  according  to  law. 


Sworn   to   and   subscribed  before   me,   this   the  ....  day   of 
A.  D.  19.. 
(Seal.)  

R.  S.  Art.  48G4  (4489). 


No.  651. 

AFFIDAVIT   FOR   SEQUESTRATION. 

vs No In  Justice  Court,  Precinct 

No ,  of County,  Texas. 

To  ..." ,  Justice  of  the  Peace  of  said  Court : 

Now  comes ,  plaintiff  in  the  above  entitled  and  num- 
bered cause,  and  applies  for  a  writ  of  sequestration  in  this  cause,  and 

says  that  on  the  ....  day  of ,  A.  D.  19.  .,  he  filed  in  this  court 

this  suit  against  defendant, ,  f or  the  foreclosure  of  a  mort- 
gage (or  the  enforcement  of  a  lien,  as  the  case  may  be),  executed  by 

in  favor  of ,  dated  the  ....  day  of , 

A.  D.  19. .,  on  the  following  described  personal  property,  to  wit: 

of  the  value  of  $ ; of  the  value  of  $ ; , 


TEXAS  CIVIL  FORM  BOOK.  533 

of  the  value  of  $ ,  of  the  total  value  of dollars ;  said  prop- 
erty being  situated  in  the  county  of ,  State  of  Texas,  and  being 

in  the  possession  of ;  that  he  fears  that  the  said , 

defendant  (or  person  in  possession  thereof,  as  the  case  may  be)  will  in- 
jure (or  ill  treat,  or  waste,  or  destroy  such  property,  or  remove  said  prop- 
erty out  of  the  limits  of County,  Texas,  during  the  pendency 

of  the  suit,  as  the  case  may  be) ;  that  said  mortgage  is  a  valid  subsisting 
lien  on  said  property  above  described  and  is  still  in  existence;  that  the 
same  is  just  and  unsatisfied,  and  the  amount  of  the  same  still  unsatis- 
fied is dollars,  which  was  due  on  the  ....  day  of ,  A.  D. 

19 . . ;  that  plaintiff, ,  is  the  legal  owner  and  holder  of  said 

debt  and  mortgage  so  sought  to  be  enforced  and  foreclosed. 

Wherefore  plaintiff  prays  that  a  writ  of  sequestration  issue  in  this 
cause  to  the  sheriff  or  any  constable  of County,  Texas,  com- 
manding him  to  take  into  his  possession  the  property  herein  described,, 
and  keep  the  same  subject  to  the  further  orders  of  this  court,  unless  the 
same  be  replevied  according  to  law. 


Sworn   to   and   subscribed   before  me,   this   the  ....  day   of , 

A.  D.  19.. 

(Seal.)  

R.  S.  Art.  4864  (4489). 

• 

There  are  seven  statutory  grounds  for  sequestration,  and  the  above 
forms  can  be  varied  to  suit  the  same. 


No.  652. 

BOND  FOR  SEQUESTRATION. 

vs In Court   of County, 

Texas, Term,  A.  D.  19 .. 

Know  all  men  by  these  presents,  that  we, ,  as  principal, 

and and ,  as  sureties,  acknowledge  ourselves 

bound  to  pay  to ,  defendant  in  the  above  entitled  cause,  the 

sum  of dollars,  conditioned  that  the  said will  pay  to 

the  defendant, ,  all  damages  that  may  be  awarded  against 

him,  and  all  costs,  in  case  it  shall  be  decided  that  the  writ  of  sequestra- 
tion in  the  said  cause  was.  wrongfully  issued. 

Witness  our  hands  this  the  ....  day  of ,  A.  D.  19. . 


Filed  and  approved  this  the  ....  day  of ,  A.  D.  19. . 

R.  S.  Art.  4867    (4492). 


534  TEXAS  CIVIL  FORM  BOOK. 

Said  bond  must  be  signed  by  two  or  more  good  and  sufficient  sureties 
payable  to  the  defendant  for  a  sum  of  money  not  less  than  double  the 
value  of  the  property,  as  stated  in  the  affidavit,  approved  by  the  judge, 
clerk  or  justice  of  the  peace,  as  the  case  may  be. 


No.  653. 

WRIT  OF  SEQUESTRATION. 

vs No In  Justice  Court,  Precinct 

No County,  Texas. 

The  State  of  Texas.  To  the  Sheriff  or  any  Constable  of County 

—  Greeting : 

Whereas,  in  the  above  entitled  and  numbered  cause,  now  pending  in 

this  court, ,  the  plaintiff,  has  made  affidavit  against 

,  the  defendant,  showing  that  plaintiff  has  a  valid  sub- 
sisting mortgage  lien  on  the  following  described  personal  property,  sit- 
uated in County,  Texas,  to  wit (here  describe  the 

property);  that  he  fears  the  defendant  will  injure  said  property,  and 
has  given  bond  as  required  by  law:  You  are  therefore  hereby  com- 
manded that  you  take  possession  of  said  above  described  property,  if  to 
be  found  in  your  county,  and  keep  the  same  subject  to  the  future  order 

of  our  justice  court  of .  precinct  No ,  in  and  for  the  county  of 

,  in  said  cause,  unless  the  same  be  replevied  according  to  law. 

Herein  fail  not,  but  have  you  this  writ,  with  your  return  thereon, 
showing  how  you  have  executed  the  same,  before  our  said  court  at  its 

next  regular  term,  to  be  holden  at ,  in  said  county  of , 

on  the  ....  day  of ,  A.  D.  19 .. 

Witness  my  official  signature  at  ,  this  ....  day  of  , 

A.  D.  19.. 


Justice  of  the  Peace,  Precinct  No , County,  Texas. 

R.  S.  Art.  4869   (4494). 


TEXAS  CIVIL  FORM  BOOK.  535 

No.  654. 

OFFICER'S  RETURN. 

Came  to  hand  on  the day  of ,  A.  D.  19. .,  at o'clock 

. .  m.,  and  executed  the day  of ,  A.  D.  19. .,  at  .-. . .  o'clock 

.  .m.,   by  taking  possession  of  the   following  described   property,   at 

,  in   County,  Texas,  which  is  now  retained  in  my 

custody,  to  wit (here  describe  the  property).    (Or  if  defendant 

has  replevied:  And  the  defendant  having  replevied  the  same  and  de- 
livered to  me  his  replevy  bond,  which  is  herein  returned,  he  was  per- 
mitted to  retain  possession  of  the  same.)  The  distance  actually  traveled 
in  the  execution  of  such  process  is  ....  miles. 


Sheriff  (or  Constable)  of County,  Texas. 


No.  655. 

REPLEVY  BOND  BY  DEFENDANT. 

vs No In Court  (or  Justice 

Court,  Precinct  No ,  as  the  case  may  be), 

County,  Texas. 

Whereas,  in  the  above  entitled  and  numbered  cause  a  writ  of  seques- 
tration, dated ,  .......  19 ..,  was  on  the  ....  day  of , 

A.   D.  19..,  issued  out  of  said  court  in  favor  of  the  said  plaintiff, 

,  and  was  placed  in  the  hands  of  ,  sheriff 

(or  constable,  as  the  case  may  be)  of County,  Texas,  for  ser- 
vice who,  under  and  by  virtue  of  said  writ  of  sequestration,  on  the  .... 
day  of  ,  A.  D.  19 .  . ,  took  into  his  possession  the  following  de- 
scribed property,  to  wit  (here  describe  the  property),  and 

which  said  property  has  been  appraised  by  said  ,  sheriff 

(or  constable,  as  the  case  may  be),  at dollars: 

Now  therefore  the  said  defendant,   ,  having  been  per- 
mitted by  the  said  sheriff  (or  constable,  as  the  case  may  be)  to  retain 

possession  of  the  said  property,  we,  the  said ,  as  principal, 

and   and   ,  as  sureties,  acknowledge  ourselves 

bound  to  pay '....,  plaintiff  in  said  cause,  the  sum  of 

dollars  (not  less  than  double  the  value  of  the  property),  conditioned  that 
the  defendant (if  the  property  seized  be  real  estate,  con- 
dition must  be:  will  not  injure  said  property,  and  that  he  will  pay  the 
value  of  the  rents  of  the  same  in  case  he  shall  be  condemned  so  to  do) 

will  not  remove  said  property  out  of  the  county  of ,  State  of 

Texas  (or  will  not  commit  the  particular  wrong  charged  in  the  affidavit 
as  feared),  and  that  he  will  have  said  property,  with  the  value  of  the 


536  TEXAS  CIVIL  FORM  BOOK. 

fruits,  hire  or  revenue  thereof,  forthcoming  to  abide  the  decision  of  the 
court,  or  will  pay  the  value  thereof,  and  of  the  fruits,  hire  or  revenue 
of  the  same,  in  case  he  shall  he  condemned  so  to  do. 

Witness  our  hands  this  the  ....  day  of ,  A.  D.  19.  . 


Approved  this  the  ....  day  of ,  A.  D.  19.  . 

Sheriff  (or  Constable)    County,  Texas. 

R.  S.  Art.  4873  (4498). 

Bond  in  case  of  personal  property,  see  R.  S.  Art.  4874  (4499). 

Bond  in  case  of  real  property,  see  R.  S.  Art.  4875   (4500). 


No.  656. 

REPLEVY  BOND  BY  PLAINTIFF. 

vs No.   ....      In Court,   

County,  Texas. 

Whereas,  in  the  above  entitled  and  numbered  cause  a  writ  of  seques- 
tration, dated  ,  .  . .  .,  19 .  .,  was  on  the  ....  day  of  , 

A.  D.  19..,  issued  out  of  said  court  in  favor  of  the  said  plaintiff, 

,  and  was  placed  in  the  hands  of  ,  sheriff 

(or  constable,  as  the  case  may  be)  of County,  Texas,  for  service, 

who,  under  and  by  virtue  of  said  writ  of  sequestration,  on  the  ....  day 

of ,  A.  D.  19.  .,  took  into  his  possession  the  following  described 

property,  to  wit, (here  describe  the  property),  and  which  said 

property  has  been  appraised  by  said ,  sheriff  (or  constable, 

as  the  case  may  be)  at dollars;  and  said  property  having  been  de- 
livered by  the  said ,  sheriff  (or  constable)  as  aforesaid,  to 

the  said ,  plaintiff:  Now  therefore  we,  the  said , 

as  principal,  and and ,  as  sureties,  acknowl- 
edge ourselves  bound  to  pay  to  the  said ,  defendant,  the 

sum  of dollars  (double  the  value  of  the  property),  conditioned 

that  said  property,  together  with  the  fruits,  hire,  revenue  and  rent  of 
the  same,  shall  be  forthcoming  to  abide  the  decision  of  the  court. 

Witness  our  hands  this  the  ....  day  of  ...  ...  .,  A.  D.  19.  . 


Approved  this  ....  day  of ,  A.  D.  19.  . 

Sheriff  (or  Constable)    County,  Texas. 

R.  S.  Art.  4880  (4505). 


TEXAS  CIVIL  FORM  BOOK.  537 

If  said  property  is  not  replevied  by  the  defendant  within  ten  days 
after  the  levy  of  the  writ,  if  such  defendant,  his  agent  or  attorney,  is 
present  in  the  county,  or  within  twenty  days  if  absent  from  the  county 
at  the  time  of  such  levy,  said  property  may  be  replevied  by  the  plaintiff. 


No.  657. 
APPLICATION  FOR  ORDER  OF  SALE  OF  PERISHABLE  PROPERTY. 

vs No In Court,    

County,  Texas,   Term,  A.  D.  19 .. 

Now  comes ,  plaintiff  (or ,  defendant,  as 

the  case  may  be)  in  the  above  entitled  and  numbered  cause,  and  makes 
this  application  to  the  court  for  a  sale  of  the  following  described  prop- 
erty, seized  by  the  sheriff  (or  constable,  as  the  case  may  be)  of 

County,  Texas,  on  the day  of ,  A.  D.  19. .,  under  a  writ  of 

sequestration  issued  in  said  cause,  to  wit,  (here  describe 

the  property).  Being  duly  sworn,  applicant  says  that  ten  days  expired 
since  the  levy  of  said  writ  of  sequestration  and  that  the  said  property 
has  not  been  replevied,  but  remains  in  the  hands  of  the  said  sheriff 
(or  constable,  as  the  case  may  be),  and  that  said  property  (or  some 
specified  part  thereof)  is  likely  to  be  wasted  (or  destroyed,  or  become 
greatly  depreciated  in  value)  by  keeping,  and  that  the  debt  sued  for  in 

said  cause  had  become  due  on  the  ....  day  of ,  A.  D.  19. .,  and  is 

now  due  and  payable  (or  is  not  yet  due,  but  will  be  due  on  the  .... 
day  of ,  A.  D.  19..). 


Sworn  to  and  subscribed  before  me,  this  the day  of , 

A.  D.  19.. 

(Seal.)  

I  certify  that  the  above  affidavit  is  true. 

Sheriff  (or  Constable)    County,  Texas. 

R.  S.  Art.  4883   (4508). 


538  TEXAS  CIVIL  FORM  BOOK. 

No.  658. 

ORDER  OF  JUDGE  HEREON. 

The  State  of  Texas,  County  of .- .     In  Vacation,  this  ....  day  of 

,  A.  D.  19.. 

The  above  and  foregoing  affidavit  and  certificate  being  this  day  pre- 
sented and  considered  by  the  court,  it  is  ordered  that  the  sheriff  (or 

constable)  of County,  Texas,  proceed  to  sell  the  property 

described  in  said  affidavit,  as  under  execution,  and  that  he  make  due 
return  thereof  according  to  law,  pursuant  to  an  order  of  sale  to  be 
issued. 


Judge Court County,  Texas. 

R.  S.  Art.  4883  (4508). 

If  the  suit  is  on  demand  not  due,  the  above  order  should  further  state : 
'~  And  it  appearing  to  the  court  that  said  demand  is  not  yet  due,  it  is 
further  ordered  that  a  credit  be  given  to  the  purchaser  at  the  sale  until 
said  demand  becomes  due,  on,  to  wit,  the  ....  day  of ,  A.  D.  19. . 

R,  S.  Art.  4886   (4511). 


No.  659. 

ORDER  OF  SALE. 

The  State  of  Texas.     To  the  Sheriff  of  County,  Texas  - 

Greeting : 

,  plaintiff  (or ,  defendant,  as  the  case  may 

be)  in  cause  No , vs ,  pending  in  the 

Court  of County,  Texas,  having  applied  for  and 

obtained  an  order  to  sell  certain  property  seized  by  you  under  and  by 
virtue  of  a  writ  of  sequestration  issued  out  of  said  court  in  said  cause, 

the  said  property  being  described  as  follows (here  describe  the 

property) : 

Now  therefore  you  are  commanded  to  sell  said  property  as  under 
execution,  first  giving  ten  days'  notice  of  the  time  and  place  of  sale,  as 
required  by  statute.  (If  suit  is  for  debt  not  due,  "you  are  further  com- 
manded to  make  said  sale  on  credit,  until  the  ....  day  of  , 

A.  D.  19.  .,  taking  a  bond  from  the  purchaser,  with  two  or  more  good 

and  sufficient  sureties,  payable  to  you  as  sheriff  of  County, 

Texas,  in  the  sum  of dollars  (not  less  than  double  the  amount  of 

the  purchase  money),  conditioned  that  such  purchaser  shall  pay  such 
purchase  money  at  the  expiration  of  the  time  given.") 


TEXAS  CIVIL  FORM  BOOK.  539 

Herein  fail  not,  and  within  five  days  after  making  such  sale  you  will 
pay  the  proceeds  of  the  same  to  the  clerk  of  our  said  court  (or  return 
the  bond  of  the  purchaser,  as  the  case  may  be),  and  have  you  then  and 
there  this  writ,  with  your  return  thereon,  showing  how  you  have  exe- 
cuted the  same. 

Witness  ,  Clerk  of  the  Court  of  

County,  Texas,  this  the  ....  day  of ,  A.  D.  19.  . 


Clerk Court, County,  Texas. 

Issued  this  the day  of ,  A.  D.  19 . . 


Clerk Court, County,  Texas. 

R.  S.  Art.  4884  (4509). 

SHERIFF'S  RETURN. 

Came  to  hand  on  the  ....  day  of ,  A.  D.  19 . .,  at  . . .  o'clock 

.  .  m.,  and  executed  by  selling  the  following  described  property,  to  wit : 

(here  describe  the  property),  on  the   ....   day  of   , 

A.  D.  19.  .,  at  the  courthouse  door  of  the  county  of  ,  first 

having  given  notice  of  the  time  and  place  of  said  sale  for  ten  consecutive 
days,  by  posting  written  notice  at  three  public  places  in  said  county,  one 
of  which  was  at  the  courthouse  door  of  said  county,  at  which  sale  said 

property  was  struck  off  to for  the  sum  of dollars, 

he  being  the  highest  bidder  therefor,  and  I  herewith  return  the  proceeds 
of  said  sale,  to  wit.  the  sum  of dollars  (or  the  bond  of  the  pur- 
chaser) into  court. 


Sheriff County,  Texas. 

R.  S.  Art.  4885  (4510). 


No.  660. 

BOND  OF  PURCHASER. 

ve No In Court,  

County,  Texas. 

AVhereas,  under  an  order  of  sale  issued  out  of  said  court  in  said  cause, 

on  the  ....  day  of A.  D.  19.  .,  the  following  described  property 

(here  describe  the  property),  seized  by ,  sheriff  (or 

constable)  of County,  Texas,  under  and  by  virtue  of  a  writ  of 

sequestration,  issued  in  said  cause,  was,  on  the   ....   day  of  , 

A.  D.  19.  ..  by  the  said  sheriff  (or  constable)  sold  on  credit  until  the 

....  day  of A.  D.  19.  .  (here  give  the  date  when  plaintiff's  debt 

matures)  to for  the  sum  of dollars:     N"ow  there- 


540  TEXAS  CIVIL  FORM  BOOK. 

fore  we,  ,  as  principal,  and and .  . . . , 

as  sureties,  acknowledge  ourselves  bound  to  pay  to  the  sheriff  (or  con- 
stable) of County,  Texas,  the  sum  of dollars  (double 

the  amount  of  the  purchase  money),  conditioned  that  the  said 

shall  pay  said  purchase  money  at  the  expiration  of  the  time  given,  to 
wit,  on  the  ....  day  of ,  A.  D.  19.  . 


Approved  this  the  ....  day  of ,  A.  D.  19.  . 

Sheriff  (or  Constable) County,  Texas. 

R.  S.  Art.  4887  (4512). 

Said  bond  shall  be  in  a  sum  of  not  less  than  double  the  amount  of 
the  purchase  money,  and  shall  be  returned  by  the  officer  taking  the  same 
to  the  court  issuing  the  order  of  sale. 
R.  S.  Art.  4888  (4513). 


PERSONAL  ATTENDANCE  OF  WITNESSES. 

R.  S.  Arts.  2264-2272   (2209-2217). 

No.  661. 

SUBPCENA. 

The  State  of  Texas.    To  the  Sheriff  or  any  Constable  of County. 

—  Greeting : 

You  are  hereby  commanded  that  you  summon to  be  and 

appear  before  the Court  of County,  to  be  held  at  the 

courthouse  in  the  town  of ,  in  said  county,  on  the  ....  day  of 

,  A.  D.  19.  .,  then  and  there  to  testify  as  a  witness  in  behalf  of 

the  plaintiff  (or  defendant,  as  the  case  may  be),  in  a  certain  suit  now. 

pending  in  said  court,  wherein is  plaintiff  and 

is  defendant,,  and  that  he  continue  his  attendance  from  day  to  day  and 
from  term  to  term,  until  discharged  by  the  court. 

Herein  fail  not,  but  have  you  then  and  there  before  said  court  this 
writ,  with  your  return  thereon,  showing  how  you  have  executed  the  same. 

Witness  my  official  signature  at ,  on  this  the  ....  day  of 

,  A.  D.  19.. 


Clerk  of Court,   County,  Texas'. 

R.  S.  Art.  2265   (2210). 


TEXAS  CIVIL  FORM  BOOK.  541 

INDORSEMENT  ON  SUBPOENA. 

File  No In Court, County  vs. 

Subpoena.  Witnesses:  ,  

Issued  on  the  ....  day  of ,  A.  D.  19 . .  ,  Clerk. 

By ,  Deputy. 

OFFICER'S  RETURN. 

Came  to  hand  on  the  ....  day  of ,  A.  D.  19 ..,  at  ....  at  .... 

o'clock  .  .m.,  and  executed  on  the  ....  day  of ,  A.  D.  19. .,  at 

....  o'clock  .  .m.,  by  reading  the  within  subpoena  to ,  the 

within  named  witness,  at ,  in County,  Texas.     The 

distance  traveled  in  the  execution  of  such  process  is  . , .  .  miles. 


Sheriff  of County. 

By ,  Deputy  Sheriff. 

11.  S.  Art.  2266  (2211). 


No.  662. 
SUBPCENA  —JUSTICE'S  COURT. 

The  State  of  Texas.     To  the  Sheriff  or  any  Constable  of County 

—  Greeting : 

You  are  hereby  commanded  that  you  summon ,  if  to  be 

found  in  your  county,  to  be  and  appear  before  the  undersigned,  a  justice 

of  the  peace  of County,  at  my  office  in  precinct  No at 

,  in  said  county,  on  the  ....  day  of ,  A.  D.  19.  .,  then 

and  there  to  testify  in  behalf  of  the in  a  suit  now  pending  be- 
fore me,  wherein is  plaintiff  and is  defendant, 

and  that  he  continue  his  attendance  from  day  to  day  and  from  term 
to  term  of  said  court  until  duly  discharged. 

Herein  fail  not,  but  have  you  before  said  court  this  writ,  with  your 
return  thereon,  showing  how  you  have  executed  the  same. 

Given  under  my  hand  at  office,  in  precinct  No this  the day 

of ,  A.  D.  19.. 


Justice  of  the  Peace,  Precinct  Xo ,  County,  Texas. 

R.  S.  Art.  2266  (2211). 


54:2  TEXAS  CIVIL  FORM  BOOK. 

No.  663. 

SUBP(ENA  DUCES  TECUM. 

The  State  of  Texas.     To  the  Sheriff  or  any  Constable  of County, 

said  State  —  Greeting : 

You  are  commanded  to  summon to  be  and  appear  before 

the Court  of County,  to  be  held  at ,  in  said 

county,  on  the.  . . .  day  of ,  A.  D.  19 .  .,  then  and  there  to  testify 

as  a  witness  in  behalf  of  the in  a  civil  action  pending  in  said 

court,  entitled  and  numbered  on  the  civil  docket  of  said  court, 

vs ,  No ,  and  that  he  bring  with  him  and  produce  in  said 

court,  at  said  time  and  place,  a  certain (here  describe  the  in- 
strument to  be  produced),  desired  as  evidence  in  said  civil  action,  to  wit : 

in  a  certain  suit  now  pending  in  said  court,  wherein is 

plaintiff  and is  defendant,  and  that  he  continue  his  at- 
tendance from  day  to  day  and  from  term  to  term,  until  discharged  by 
the  court. 

Herein  fail  not,  but  of  this  writ  make  due  return,  showing  how  you 
have  executed  the  same. 

Witness  my  official  signature  at ,  on  this  the  ....  day  of 

,  A.  D.  19.. 


Clerk Court, County,  Texas. 

By ,  Deputy. 


No.  664. 

ATTACHMENT  FOR  WITNESS  DISOBEYING  A   SUBPffiNA. 

The  State  of  Texas.     To  the  Sheriff  or  any  Constable  of County 

—  Greeting : 

You  are  hereby  commanded  that  you  attach ,  and  bring 

him  forthwith  personally  before  our Court,  held  in  and  for 

the  county  of ,  at  the  courthouse  thereof  on  the  ....  day  of 

,  A.  D.  19.  .,  to  answer  for  certain  contempts  against  said  court 

in  not  obeying  a  writ  of  subpoena,  commanding  him  to  appear  at  the 

courthouse  thereof,  in  the  town  of ,  on  the  ....  day  of , 

A.  D.  19.  .,  before  said  court  (or  if  before  a  justice  of  the  peace,  add: 
at  my  office,  instead  of  at  the  courthouse,  and  before  me,  instead  of 

before  said  court),  to  testify  in  a  suit  there  to  be  tried  between , 

plaintiff,  and  ,  defendant,  on  the  part  of  the  plaintiff  (or 

defendant,  as  the  case  may  be) ;  and  you  are  further  commanded  to 
detain  him  in  your  custody  until  he  shall  be  duly  discharged. 


TEXAS  CIVIL  FORM  BOOK.  543 

Herein  fail  not,  but  of  this  writ,  and  how  you  have  executed  the  same, 
make  due  return. 

Witness ,  Clerk  of  the Court  of County. 

Given  under  my  hand  and  the  seal  of  said  court,  at  office  in  the  town 

of this day  of ,  A.  D.  19 .  . 

(Seal.)  

Clerk  of Court,  County. 

Issued  this  ....  day  of ,  A.  D.  19. . 


Clerk  of Court,  Count  v. 

R.  S.  Art.  2267  (2212). 

RETURN   TO   THE   FOREGOING   ATTACHMENT. 

Came  to  hand  on  this  the  ....   day  of ,  A.  D.  19   .,  at 

ox-lock  .  .  m.,  and  executed  on  the  ....  day  of ,  A.  D.  ]!>..,  at 

in County,  Texas,  by  arresting  ,  the 

within  named  witness,  as  I  am  within  commanded,  and  have  him  now 

before  the  court,  this  the  ....  day  of ,  A.  D.  19.  .     The  distance 

actually  traveled  in  the  execution  of  such  process  is   mile?. 


Sheriff  of County. 

RETURN    WHEN    THE    WITNESS    IS    SICK. 

At  the  delivery  of  the  within  attachment  to  me  for  execution,  the 
within  named  witness  then  Avas,  and  still  continues,  so  sick  and  unwell 
that  it  would  be  dangerous  to  bring  him  before  the  court  here,  as  I  am 
within  commanded;  wherefore  I  have  not  the  body  of  the  said  defendant 
before  the  court  now  here,  according  to  the  command  of  the  within 
attachment,  this  ....  day  of ,  A.  D.  19.  . 


Sheriff  of County. 

Witnesses  shall  be  allowed  one  dollar  per  day  for  each  and  every  day 
they  may  be  in  attendance  on  the  court,  and  six  cents  for  every  mile 
they  have  to  travel  in  going  to  and  returning  therefrom. 

R.  S.  Art.  2268    (2213). 

No  fine  shall  be' imposed,  nor  shall  such  attachment  issue  in  a  civil 
suit  until  it  shall  be  shown  to  the  court,  by  affidavit  of  the  party,  his 
agent  or  attorney,  that  his  lawful  fees  have  been  paid  or  tendered  to 
t-uch  witness. 
R.  S.  Art.  2267   (2212). 


544  TEXAS  CIVIL  FORM  BOOK. 

No.  665. 
ATTACHMENT  OF  A  WITNESS  FOR  REFUSING  TO  TESTIFY. 

The  State  of  Texas.     To  the  Sheriff  or  any  Constable  of County 

—  Greeting : 

Whereas,  on  the  trial  of  the  cause  before  me,  on  the  ....  day  of , 

A.  D.  19 .  . ,  between  ,  plaintiff,  and  , 

defendant,  being  called  as  a  witness  in  behalf  of  the 

,  and,  being  present,  refused  to  be  sworn  as  a  witness  in  any 

form  prescribed  by  law  (or  being  called  and  sworn  as  a  witness  in 

behalf  of  the  ,  and  on  his  examination  as  such  witness,  was 

asked  by  the the  following  pertinent  and  proper  question,  viz : 

(here  state  the  question  asked) ;  to  which  question  the  said 

refused  to  make  any  answer) :  Now  therefore  you  are 

hereby  commanded  to  take  the  said into  your  custody,  and 

him  safely  keep  in  the  jail  of  your  county,  without  bail,  until  he  shall 
submit  to  be  sworn  as  a  witness  as  aforesaid  (or  until  he  shall  consent 
to  answer  the  question  put  to  him  as  aforesaid),  or  be  discharged  by  due 
course  of  law. 

Herein  fail  not,  but  of  this  writ,  and  how  you  have  executed  the  same, 
make  due  return. 

Witness ,  Clerk  of  the Court  of County. 

Given  under  my  hand  and  the  seal  of  said  court,  at  office  in  the  town 
of ,  this' day  of ,  A.  D.  19.  . 


Clerk  of Court, County,  Texas. 

Issued  ....  day  of ,  A.  D.  19.  . 


Clerk Court  of County. 

R.  S.  Art.  2269  (2214). 

RETURX    TO    THE    FOREGOIXG    ATTACHMENT. 

Came  to  hand  this  the  ....  day  of ,  A.  D.  19 .  .,  at  ...  o'clock 

.  .  m.,  and  executed  on  the  .  .,.  .  day  of ,  A.  D.  19 .  .,  at , 

in    County,  Texas,  by   arresting    ,   the  within 

named  witness,  as  I  am  within  commanded  and  have  him  now  in  my 

custody  in  the  county  jail  of  this  county,  this  ....  day  of ,  A.  D. 

19..     The  distance  actually  traveled  in  the  execution  of  such  process 
is  .          .  miles. 


Sheriff  of County. 


TEXAS  CIVIL  FORM  BOOK.  545 

No.  666. 
SUMMONS  FOR  JURY— JUSTICE  COURT. 

The  State  of  Texas.    To  the  Sheriff  or  any  Constable  of County 

—  Greeting : 

You  are  hereby  commanded  to  summon  ....  legally  qualified  jurors, 
to  be  and  appear  before  me,  the  undersigned,  a  justice  of  the  peace  of 

precinct  Xo ,  in  and  for  said  county,  at  my  office  in  the  town  of 

,  on  the  ....  day  of ,  A.  JJ.  19. .,  at ....  o'clock  .  .m., 

then  and  there  to  serve  as  jurors  in  a  suit  now  pending  before  me, 
wherein is  plaintiff  and is  defendant. 

Herein  fail  not,  but  have  you  then  and  there  this  writ,  with  your 
return  thereon,  showing  how  you  have  executed  the  same. 

Witness  my  hand  this  ....  day  of ,  A.  D.  19 .. 


Justice  of  the  Peace,  Precinct  No , County. 

R.  S.  Art.  1619  (1589). 


No.  667. 

OATH  OF  OFFICER  RECEIVING  VENIRE. 

You  do  solemnly  swear  that  you  will,  to  the  best  of  your  skill  and 
ability,  and  without  bias  or  favor  toward  any  party,  summons  such 
jurors  as  may  be  ordered  by  the  court;  that  you  will  select  none  but 
impartial,  sensible  and  sober  men,  having  the  qualifications  of  jurors 
under  the  law;  that  you  will  not  directly  or  indirectly  converse  or  com- 
municate with  any  juryman  touching  any  case  pending  for  trial;  and 
that  you  will  not,  by  any  means,  attempt  to  influence,  advise  or  control 
any  juryman  in  his  opinion,  in  any  case  which  may  be  tried  by  him, 
so  help  you  God. 

R.  S.  Art.  1620  (1590). 


No.  668. 

OATH  OF  JURY. 

You  and  each  of  you  do  solemnly  swear  that  in  all  cases  between 
parties  which  shall  be  to  you  submitted,  you  will  a  true  verdict  render 
according  to  the  law  and  the  evidence,  so  help  you  God. 

R.  S.  Art.   1637    (1607). 

Form  Book  —  35. 


546  TEXAS  CIVIL  FORM  BOOK. 

No.  869. 
RETURN  OF  OFFICER  SUMMONING  JURY. 

Came  to  hand  the  ....  day  of ,  A.  D.  19.  .,  at  ....  o'clock 

.  .m.,  and  executed  on  the  ....  day  of ,  A.  I).  19 .  . ,  at , 

in County,  Texas,  by  reading  the  within  summons  to 

(here  give  the  names  of  persons  summoned),  the  above  summoned 
jurors. 

Returned  on  this  the  ....  day  of ,  A.  D.  19.  .  The  distance 

actually  traveled  in  the  execution  of  such  process  is  ....  miles. 

Officer's  fees,  $ 


Constable  of County,  Texas. 

R.  S.  Art.  1622  (1592). 


TRIAL  OF  THE  RIGHT  OF  PROPERTY. 

R.  S.  Arts.  5286-5312    (4822-4847). 

No.  670. 

AFFIDAVIT  OF  CLAIMANT. 

The  State  of  Texas,  County  of 

Before  me,  the  undersigned  authority,   on  this  day  personally  ap- 
peared   ,  who,  being  by  me  duly  sworn,  deposes  and  says, 

that  he  claims  the  following  described  personal  property,  to  wit 

(here  describe  the  property)  ;  that  this  property  was  levied  upon  by 

,  sheriff  (or  constable,  as  the  case  may  be),  under  and  by 

virtue  of  a  certain  writ  of  attachment  (execution  or  sequestration,  as 

the  case  may  be)  issued  out  of  the Court  of County, 

Texas,  in  the  cause  of vs ,  No ,  and  dated 

....  day  of ,  A.  D.  19.  .,  and  that  such  claim  is  made  in  good 

faith. 


Sworn  to  and  subscribed  before  me,  this  the day  of 

A.  D.  19.. 

(Seal.)  

R.  S.  Art.  5286  (4822). 


TEXAS  CIVIL  FORM  BOOK.  647 

No.  671. 

CLAIM  BOND. 
The  State  of  Texas,  County  of 

Whereas,  by  virtue  of  a  writ  of (here  describe  the  writ) 

issued  out  of  the court  (or  by ,  justice  of  the 

peace  for  precinct  No , County),  in  favor  of 

(here  insert  the  name  of  plaintiff)  versus (here  insert  the 

name  of  defendant),  and  tested  on  the  ....  day  of ,  A.  D.  19.. ., 

(here  insert  the  name  and  title  of  officer  seizing),  has  seized 

and  taken  the  following  described  personal  property,  viz 

(here   describe  the  property),  the  value  of  which  property  has  been 

assessed  by  said  officer  at  ..../..  dollars;  and  whereas 

(here  insert  name  of  claimant)  has  claimed  said  property  and  presented 
to  said  officer  his  oath  in  writing  that  such  claim  is  made  in  good  faith: 

Now  therefore  we, (here  insert  the  name  of  claimant),  as 

principal,  and and ,  as  sureties,  acknowledge 

ourselves  bound  to  pay  to  the  said  . ., (here  insert  name  of 

plaintiff)  the  sum  of dollars,  being  double  the  value  of  said 

property,  conditioned  that  the  said (here  insert  name  of 

claimant),  in  case  he  fails  to  establish  his  right  to  said  property,  will 

return  the  same  to  the  said (here  insert  name  of  officer) 

or  his  successor  in  as  good  condition  as  he  received  it,  and  shall  also  pay 
the  reasonable  value  of  the  use,  hire,  increase  or  fruits  of  the  same  from 
the  date  of  this  bond  and  costs,  or  in  case  he  fails  to  return  said  property 
and  pay  for  the  use,  hire,  increase  or  fruits  thereof,  that  he  will  pay  the 
plaintiff  the  value  of  the  same  with  legal  interest  thereon  from  date, 
and  shall  also  pay  all  damages  and  costs  that  may  be  awarded  against 
him. 

Witness  our  hands  this  the  ....  day  of ,  A.  D.  19.  . 


Approved  

,  Sheriff  (or  Constable)  of County. 

R.  S.  Art.  5291   (4827). 


No.  672. 
INDORSEMENT  ON  CLAIMANT'S  BOND. 

The  within  named (here  describe  the  property  mentioned 

in  bond)  has  been  valued  by  me  at  the  sum  of dollars,  this  the 

day  of ,  A.  D.  19.. 


Sheriff  (or  Constable)  of County. 

R.  S.  Art.  5290  (4826). 


548  TEXAS  CIVIL  FORM  BOOK. 

No.  673. 

INDORSEMENT  ON  WRIT  ISSUED  IN  THE  COUNTY  WHERE  LEVIED. 

Came  to  hand  on  this  the day  of ,  A.  D.  19 .  .,  at  ... 

o'clock  .  .  m.,  and  executed  on  same  day  at ,  in 

County,  Texas,  by  seizing  and  taking  from  the  possession  of 

(here  insert  name  of  claimant),  (or  from ,  defendant,  as 

the  case  may  be),   (here  describe  the  property  levied  upon), 

levied  upon  as  the  property  of  .  . . . ,  defendant,  which  property 

has  been  claimed  by ,  and  by  him  oath  and  bond  given, 

this  the day  of ,  A.  D.  19.  .     The  distance  actually  traveled 

in  the  execution  of  such  process  is  ....  miles. 


Sheriff  (or  Constable)  of County, 

R.  S.  Art.  5290  (4826). 


No.  674. 

INDORSEMENT  ON  WRIT  ISSUED  WITHOUT  THE  COUNTY  WHERE 

LEVIED. 

Came  to  hand  on  this  the  ....  day  of ,  A.  D.  19. .,  at  .... 

o'clock  .  .  m.,  and  executed  on  same  day  at ,  in 

County,  Texas,  by  seizing  and  taking  from  the  possession  of 

(here  insert  name  of  claimant),  (or  from ,  defendant,  as 

the  case  may  be),    (here  describe  the  property  levied  upon), 

levied  upon  as  the  property  of ,  defendant,  which  said  property 

has  been  claimed  by ,  and  by  him  oath  and  bond  given  with 

and ,  as  his  sureties,  and  the  same,  together 

with  a  copy  of  within  writ,  this  day  returned  to ,  a  justice 

of  the  peace  in  and  for  precinct  No (or  to  the  district  or  county 

court)  of  said  county,  this  the  ....  day  of ,  A.  D.  19.  .     Thr, 

distance  actually  traveled  in  the  execution  of  such  process  is  ....  miles. 


Sheriff  (or  Constable)  of County. 

R.  S.  Art.  5294  (4830). 

The  original  writ  shall  be  returned  to  the  justice  or  court  from  which 
it  was  issued. 

JURISDICTION. 

The  writ  is  returnable  to  whatever  court  has  jurisdiction  of  the 
amount  estimated  to  be  the  value  of  the  property  claimed,  without 
regard  to  the  court  from  which  it  issued. 

Where  the  assessed  value  of  the  property  does  not  exceed  $200,  the 
writ  is  returnable  to  the  justice  court;  if  over  $200  and  does  not  exceed 


TEXAS  CIVIL  FORM  BOOK.  549 

$500,  it  is  returnable  to  the  proper  county  court;  if  over  $500  it  is 
returnable  to  the  proper  district  court. 
R.  S.  Art.  5295  (4831). 

The  case  shall  be  docketed  in  the  name  of  the  plaintiff  in  the  writ  as 
the  plaintiff,  and  the  claimant  of  the  property  as  defendant. 
R.  S.  Art.  5296  (4832). 


VENUE  OF  SUITS. 

Justices'  Courts.     R.  S.  Arts.  1585-1595   (1556-1565). 

County  and  District  Courts.     R.  S.  Arts.  1194-1195  (1198-1199). 

Railroads — Suits  Against.     Acts  27th  Leg.,  p.  31. 

No.  675. 

PLEA  OF  PRIVILEGE— JUSTICE  COURT. 

vs No In  Justice's  Court,  Precinct 

No , County,  Texas. 

Now  comes ,  defendant  in  the  above  entitled  and  num- 
bered cause,  and  says  that  this  court  ought  not  to  have  or  take  further 
action  or  cognizance  of  this  suit,  because,  he  says,  that  now  and  at  the 
time  of  the  commencement  and  filing  of  this  suit,  he,  defendant,  was 

an  inhabitant  of  this  State  and  had  his  domicile  in  precinct  No , 

in   County,  State  of  Texas,  and  not  in  precinct  No ,  in 

County,  Texas,  or  elsewhere  out  of  said  precinct  No , 

County,  Texas. 

Defendant  says  that  this  is  not  a  suit  of  forcible  entry  and  detainer 
nor  a  suit  against  this  defendant  as  executor,  administrator  or  guardian 
as  such,  nor  against  a  county;  that  this  is  not  a  suit  upon  a  contract 
in  writing  promising  performance  at  any  particular  place,  nor  a  suit  for 
the  recovery  of  rents  nor  for  damages  for  torts,  nor  a  suit  against  a 
transient  person,  a  nonresident  of  the  State,  or  a  person  whose  residence 
is  unknown,  nor  for  the  recovery  of  personal  property;  that  this  is  not 
a  suit  against  a  private  corporation,  association  and  joint-stock  company, 
nor  against  a  railroad,  canal  company,  or  the  owner  of  any  line  of  mail 
stages  or  coaches  for  any  injury  to  person  or  property  upon  the  road, 
canal  or  line  of  stages  or  coaches  of  the  defendant,  or  upon  any  liability 
as  a  carrier,  nor  a  suit  against  a  fire,  marine  or  inland  insurance  com- 
pany, nor  against  a  life  and  accident  insurance  company  or  association, 
or  the  owner  of  a  steamboat  or  other  vessel ;  that  this  suit  does  not  come 
within  any  of  the  exceptions  provided  by  law  in  such  cases  authorizing 

this  suit  to  be  brought  or  maintained  in  precinct  No ,  in 

County,  Texas,  or  elsewhere  outside  of  precinct  No ,  in 


550  TEXAS  CIVIL  FORM  BOOK. 

County,  Texas.  That  there  is  a  justice  of  the  peace  in  his  said  precinct 
No ,  qualified  to  try  said  cause. 

Defendant  says  that  this  suit  is  not  brought  upon  a  note  or  obligation 

in  writing  payable  in  said  precinct  No.  .  . .  . , County,  Texas, 

or  elsewhere,  and  that  he  never  promised  nor  contracted  in  writing  to 

pay  or  perform  said  alleged  claim  or  obligation  at ,  Texas,  in 

precinct  No ,  County,  Texas,  or  elsewhere  outside  of 

precinct  No ,  in County,  Texas,  where  he  now  resides  and 

has  his  domicile,  and  so  resided  at  the  time  of  the  filing  and  commence- 
ment of  this  suit,  and  this  court  is  without  jurisdiction  of  this  cause  or 
of  the  person  of  this  defendant ;  that  the  allegations  of  plaintiff,  that  his 

said  claim  is  due  and  payable  at ,  in  said  precinct  No , 

County,  Texas,  are  false  and  untrue,  and  fraudulently  made 

for  the  purpose  and  in  order  to  give  this  court  jurisdiction  of  this  cause 
and  of  the  person  of  this  defendant,  all  of  which  he  is  ready  to  verify. 

Wherefore  defendant  prays  the  court  that  this  cause  be  dismissed, 
for  his  costs,  etc. 


Defendant. 

In  person  appeared  before  me, ,  a  notary  public  in  and 

for  County,  State  of  Texas, ,  defendant  in  the 

above  entitled  and  numbered  cause,  who,  being  by  me  duly  sworn,  says 
that  the  above  and  foregoing  plea  is  true  in  substance  and  in  fact. 


Defendant. 

Sworn  to  and  subscribed  before  me,  this  the day  of , 

A.  D.  19.. 

(Seal.)  

Notary  Public  in  and  for County,  Texas. 

R.  S.  Art.  1585  (1556). 

The  above  plea  applies  to  suits  in  the  court  of  a  justice  of  the  peace 
and  contains  all  of  the  exceptions  given  under  the  above  article  of  the 
statutes,  wherein  suits  can  be  maintained  outside  of  the  county  and 
precinct  in  which  the  defendant  or  one  or  more  of  the  several  defendants 
reside,  and  may  be  varied  to  suit  the  emergency  of  each  case. 

It  has  been  held  by  our  courts,  where  jurisdiction  is  claimed  under 
some  of  the  exceptions  enumerated  in  the  statutes,  the  facts  relied  on 
must  not  only  be  alleged,  but  must  be  proven.  This  plea  should  be  filed 
before  answering  to  the  merits  of  the  case. 

If  there  be  no  justice  of  the  peace  qualified  to  try  the  suit  in  the 
proper  precinct,  the  suit  may  be  commenced  before  the  nearest  justice 
of  the  peace  of  the  county  who  is  not  disqualified  to  try  the  same. 

R.  S.  Art.  1589    (1560). 


TEXAS  CIVIL  FORM  BOOK.  551 

Where  the  defendant  is  a  resident  of  the  county  where  the  suit  is 
brought,  and  files  his  plea  of  privilege  alleging  that  his  residence  is  in  a 
precinct  in  said  county  other  than  where  the  suit  is  brought,  said  plea 
should  also  allege  that  there  is  a  justice  of  the  peace  in  the  precinct  of 
his  residence  qualified  to  try  the  cause  or  that'  his  precinct  was  not  the 
nearest  precinct  to  the  one  in  which  the  suit  was  brought. 
McQuigg  et  al.  v.  Nabors,  56  S.  W.  R.  212. 

Failure  of  one  of  the  defendants  to  object  does  not  affect  the  right  of 
the  other  defendant  to  do  so,  where  suit  is  brought  in  a  precinct  in 
which  no  defendant  lives. 

Eastham  v.  Harrell,  46  S.  W.  R.  389. 


No.  676. 
PLEA  OF  PRIVILEGE— COUNTY  AND  DISTRICT  COURTS. 

.  vs.  ,  No.  ,  In  .  .  Court  of  . 


County,  Texas, Term,  A.  D.  19 .. 

To  the  Honorable ,  Judge  of  said  Court : 

Xow  comes ,  defendant  in  the  above  entitled  and  num- 
bered cause,  and  says  that  this  court  ought  not  to  have  or  take  further 
action  or  cognizance  of  this  suit,  because,  he  says,  that  now  and  at  the 
time  of  the  commencement  and  filing  of  this  suit,  he,  defendant,  was  an 

inhabitant  of  this  State  and  had  'his  domicile  in County,  State 

of  Texas,  and  not  in County,  State  of  Texas,  or  elsewhere 

outside  of  said  county  of 

That  this  defendant  is  not  a  married  woman  (if  a  married  woman, 

then  state,  that  the  said ,  husband  of  this  defendant,  at 

the  time  of  the  commencement  and  filing  of  this  suit,  had  his  domicile 

in County,  Texas,  and  not  in  the  county  of ),  and  was 

not  at  the  time  of  the  commencement  and  filing  of  this  suit;  that  de- 
fendant is  not  now  and  was  not  at  the  time  of  the  commencement  of  this 
suit  a  transient  person,  nor  a  nonresident  of  this  State,  nor  a  person 
whose  residence  was  unknown;  that  defendant  has  not  contracted  in 
writing  to  perform  or  pay  said  claim  or  obligation  in  the  said  county 

of ,  or  elesewhere  outside  of  the  county  of  his  domicile;  that 

this  suit  is  not  against  this  defendant  as  executor,  administrator  or 
guardian  as  such,  to  establish  a  money  demand  against  an  estate,  and  is 
not  a  suit  for  fraud  or  defalcation  of  a  public  officer  or  officers,  nor  a 
suit  for  damages  growing  out  of  the  suing  out  of  any  writ  of  attachment 
or  sequestration,  or  for  the  levy  of  any  such  writ;  and  is  not  the  founda- 
tion of  a  suit  for  some  crime,  or  offense,  or  trespass,  for  which  a  civil 


552  TEXAS  CIVIL  FORM  BOOK. 

action  in  damages  is  brought  or  may  lie,  and  is  not  a  suit  for  the 
recovery  of  any  personal  property,  or  a  suit  commenced  against  this 
defendant  for  or  concerning  an  estate  inherited  by  him;  and  is  not  a 
suit  for  the  foreclosure  of  a  mortgage  or  other  lien,  for  the  partition  of 
lands  or  other  property,-  for  the  recovery  of  lands  or  damages  thereto, 
nor  a  suit  to  remove  an  incumbrance  or  incumbrances  upon  the  title  to 
land,  to  quiet  the  title  to  land  or  to  prevent  or  stay  waste  on  land;  and 
is  not  a  suit  for  the  breach  of  warranty  of  title  to  lands,  where  the 
vendors  liable  thereon  live  in  different  counties,  or  a  suit  for  divorce 
from  the  bonds  of  matrimony,  or  to  enjoin  the  execution  of  a  judgment 
or  to  stay  proceedings  in  any  suit,  or  to  revise  the  proceedings  of  the 
county  court  in  a  matter  of  probate,  or  a  suit  against  any  county,  nor 
a  suit  for  mandamus  against  the  heads  of  any  of  the  departments  of 
the  State  government,  or  a  suit  in  behalf  of  the  State  for  the  forfeiture 
of  the  charter  of  any  private  corporation  chartered  by  the  act  of  the' 
Legislature,  or  a  suit  in  behalf  of  the  State  to  forfeit  land  fraudulently 
or  colorably  alienated  by  a  railway  company  in  fraud  of  the  rights  of 
the  State,  under  the  laws  granting  land  to  railway  companies,  or  a  suit 
against  any  private  corporation,  association  or  joint-stock  company,  a 
railroad  corporation,  or  any  assignee,  trustee  or  receiver  operating  a 
railway,  or  against  a  receiver  of  a  person  or  corporation;  that  this  is 
not  a  suit  brought  by  a  mechanic,  laborer  and  operative  for  wages  due 
by  a  railroad  company;  and  is  not  a  suit  against  a  foreign  private  or 
public  corporation,  joint-stock  company  or  association,  not  incorporated 
by  the  laws  of  this  State,  and  doing  business  within  this  State,  nor  a  suit 
against  a  fire,  marine  or  inland  insurance  company,  and  is  not  a  suit 

regulated  or  authorized  by  law  to  be  brought  or  maintained  in 

Count}',  Texas,  or  elsewhere  outside  of County,  Texas,  where 

defendant  now  resides  and  resided  at  the  time  of  the  commencement  of 
this  suit;  and  is  not  a  suit  where  any  part  of  a  river,  water-course, 
highway,  road  or  street  is  the  boundary  line  between  two  counties ;  that 
this  suit  does  not  come  within  any  of  the  exceptions  provided  by  law  in 

such  cases  authorizing  this  suit  to  be  brought  or  maintained  in 

County,  State  of  Texas,  or  elsewhere  outside  of  the  County  of 

Defendant  says  that  this  court  is  without  jurisdiction  of  this  cause  or 
of  the  person  of  this  defendant;  that  the  allegations  of  plaintiff,  that  his 

said  claim  is  due  and  payable  at ,  in County,  Texas, 

are  false  and  untrue  and  fraudulently  made  for  the  purpose  arid  in 
order  to  give  this  court  jurisdiction,  all  of  which  he  is  ready  to  verify. 
Wherefore  defendant  prays  the  court  that  this  cause  be  dismissed, 
for  his  costs  of  court,  etc. 


Defendant. 

In  person  appeared  before  me, ,  a  notary  public  in  and 

for County,  State  of  Texas,   ,  defendant  in  the 


TEXAS  CIVIL  FORM  BOOK.  553 

above  entitled  and  numbered  cause,  who,  being  by  me  duly  sworn,  says 
that  the  above  plea  is  true  in  substance  and  in  fact. 


Defendant. 


Sworn  to  and  subscribed  before  me,  this  the day  of , 

A.  D.  19.. 

(Seal.)  

R.  S.  Art.  1194  (1198). 

Venue.     Bills  of  lading,  drafts,  etc. 

Seley  &  Early  v.  Williams  20  T.  Civ.  App.  405. 

Callender,  Holder  &  Co.  v.  Short,  Tex.  Law  Journal,  Vol.  2,  No.  5,  p.  503. 

RAILROADS  —  FIXING  VENUE  OF   SUITS  AGAINST. 

All  suits  against  railroad  corporations,  or  against  any  assignee,  trustee 
or  receiver  operating  any  railway  in  the  State  of  Texas,  for  damages 
arising  from  personal  injuries,  resulting  in  death  or  otherwise,  shall  be 
brought  either  in  the  county  in  which  the  injury  occurred,  or  in  the 
county  in  which  the  plaintiff  resided  at  the  time  of  the  injury;  provided, 
that  if  the  defendant  railroad  corporation  does  not  run  or  operate  its 
railway  in  or  through  the  county  in  which  the  plaintiff  resided  at  the 
time  of  the  injury,  and  has  no  agent  in  said  county,  then  said  suit  shall 
be  brought  either  in  the  county  in  which  the  injury  occurred,  or  in  the 
county  nearest  that  in  which  the  plaintiff  resided  at  the  time  of  the 
injury  in  which  the  defendant  corporation  runs  or  operates  its  road,  or 
has  an  agent;  and  provided  further",  that  in  case  the  plaintiff  is  a 
nonresident  of  the  State  of  Texas,  then  such  suit  may  be  brought  in  any 
county  in  which  the  defendant  corporation  may  run  or  operate  its  rail- 
road or  may  have  an  agent;  provided,  that  when  an  injury  occurs  within 
one-half  mile  from  the  boundary  line  dividing  two  counties,  suit  may  be 
brought  in  either  of  said  counties. 

Acts  27th  Leg.,  Sec.  1,  p.  31.     See  29th  Leg.,  Reg.  Ses.   (1905),  p.  29. 


CHANGE  OF  VENUE. 

Justices'  Courts.     R.  S.  Arts.  1590-1595   (1561-1565). 

County  and  District  Courts.    R.  S.  Arts.  1270-1275   (1270-1275). 

No.  677. 

AFFIDAVIT  FOR  CHANGE  OF  VENUE. 

vs No In  Justice  Court,  J*recinct 

No ,   County,  Texas. 

Now  comes ,  plaintiff  (or  defendant,  as  the  case  may 

be)  in  the  above  entitled  and  numbered  cause  and  upon  his  oath  says, 
that  he  has  good  reason  to  believe  and  does  believe  that  he  cannot  have 
a  fair  and  impartial  trial  before  ,  justice  of  the  peace, 


554  TEXAS  CIVIL  FORM  BOOK. 

precinct  No ,    County,  Texas,  before  whom  the  above 

styled  and  numbered  cause  is  now  pending  (or  in  county  or  district 

court,  and  says,  "  that  there  exists  in County,  Texas,  where  the 

above  styled  and  numbered  suit  is  now  pending,  so  great  a  prejudice 
against  him  that  he  cannot  obtain  a  fair  and  impartial  trial ; "  or  "  that 
there  is  a  combination  against  him  instigated  by  influential  persons,  by 
reason  of  which  he  cannot  expect  a  fair  and  impartial  trial;"  or  mention 
other  good  and  sufficient  cause,  to  be  determined  by  the  court). 

Wherefore  he  prays  that  the  above  suit  be  transferred  to  the  court  of 

,  a  justice  of  the  peace  of  precinct  No ,  in  said  county 

of ,  he  being  the  nearest  justice -of  the  peace  within  this  county 

not  subject  to  disqualification  (or  if  in  county  or  district  court,  that  this 
suit  be  transferred  to  the  county  or  district  court,  as  the  case  may  be, 

of County,  Texas,  being  an  adjoining  county,  the  courthouse 

of  which  is  nearest  to  the  courthouse  of  the  county  of in  which 

this  suit  is  pending,  or  to  a  county  that  is  free  from  said  objections). 


The  State  of  Texas,  County  of  

Before  me,  the  undersigned  authority,  on  this  day  personally  ap- 
peared   ,  plaintiff  (or  defendant,  as  the  case  may  be)  in  the 

above  entitled  and  numbered  suit,  who  being  by  me  duly  sworn  says, 
that  all  the  facts  as  stated  in  the  above  and  foregoing  instrument  in 
writing  are  true  and  correct. 


Sworn  to  and  subscribed  before  me,  this  the  ....  day  of 
A.  D.  19.. 
(Seal.)  

R.  S.  Arts.  1590   (1561),  1271   (1271). 


No.  678. 
AFFIDAVIT  OF  WITNESSES— CHANGE  OF  VENUE. 

" .  .  vs No In  the Court  of 

County,  Texas. 

,    and    ,   each,  being  duly 

sworn,   for  himself  states   that  he  has   seen   and  read  the   foregoing 

affidavit  made  by for  a  change  of  the  venue  of  the  above 

entitled  cause;  that  he  is  a  resident  of  the  county  of  ....,....,  and  is 

personally  acquainted  with  the  said ;  that  he  believes  that 

the  grounds  for  a  change  of  venue  stated  in  said  affidavit  are  true  and 
that  they  do  in  fact  exist. 


TEXAS  CIVIL  FORM  BOOK.  555 

Sworn  to  and  subscribed  before  me,  by  the  said , 

and  .  .1 ,  respectively,  this  the  ....  day  of , 

A.  D.  19.. 


Cerk  of Court, County,  Texas. 

R.  S.  Arts.  1590   (1561),  1271   (1271). 

In  a  suit  before  any  justice  of  the  peace,  the  law  requires  the  party 
applying  for  a  change  of  venue  to  make  an  affidavit,  supported  by  the 
affidavit  of  two  other  credible  persons,  citizens  of  said  county. 

A  change  of  venue  may  be  granted  in  any  civil  cause  upon  application 
of  either  party,  supported  by  his  own  affidavit  and  the  affidavit  of  at 
least  three  credible  persons,  residents  of  the  county  in  which  the  suit  is 
ponding.  For  a  change  of  venue  to  new  county,  see 

R.  S.  Art.  1274  (1274). 


No.  679. 

CONSENT  OF  PARTIES  TO  CHANGE  OF  VENUE. 

vs No In  the Court, 

County,  Texas. 

Now  come  the  said  parties  in  the  above  entitled  and  numbered  cause, 
by  their  said  attorneys,  and  consent  that  this  cause  may  be  removed  to 
the  Court  of County,  Texas,  for  trial. 


Attorney  for  Plaintiff. 
Attorney  for  Defendant. 


R.  S.  Art.  1270  (1270). 


No.  680. 

ORDER  FOR  CHANGE  OF  VENUE. 

vs No day  of  , 

A.  D.  19.. 

This  day  came  the  parties  plaintiff  and  defendant  in  the  above  entitled 
and  numbered  cause,  by  their  attorneys,  and  thereupon  came  on  to  be 
heard  the  application  of  the  plaintiff  for  a  change  of  venue,  and  the  affi- 
davit in  support  thereof,  and  it  appearing  to  the  court  that  the  plaintiff 

cannot  have  a  fair  and  impartial  trial  in  this  justice  precinct  No 

(or  if  in  the  county  or  district  court,  add :  in  this  county  of )  :   It 

is  therefore  ordered  by  the  court  that  this  suit  be  transferred  to  the  court 

of ,  a  justice  of  the  peace  of  precinct  No ,  in  said 

county  of ,  he  being  the  nearest  justice  of  the  peace  within  this 


556  TEXAS  CIVIL  FORM  BOOK. 

county  not  subject  to  disqualification  (or  that  this  suit  be  transferred 

to  the  county  or  district  court,  as  the  case  may  be,  of County, 

Texas,  being  an  adjoining  county,  the  courthouse  of  which  is  nearest  to 

the  courthouse  of  the  county  of in  which  this  suit  is  pending), 

and  the  parties  and  witnesses  in  this  cause  are  ordered  to  appear  before 

said  court  at  its  next  ensuing  term,  to  be  held  at ,  on  the  ....  day 

01 ,  A.  D.  19.  .     (If  in  county  or  district  court,  add:  and  the  clerk 

of  this  court  shall  immediately  make  out  a  correct  transcript  of  all  the 
oiders  made  in  this  cause,  certifying  thereto  officially  under  the  seal  of 
this  court,  and  transmit  the  same  with  the  original  papers  in  this  cause 

to  the  clerk  of  the Court  of County,  Texas. 

R.  S.  Arts.  1270  (1270),  1590   (1561). 


No.  681. 
WRIT  OF  PROCEDENDO. 

The  State  of  Texas.    To ,  Justice  of  the  Peace  in  and  for 

Precinct  ISTo , County,  Texas  —  Greeting : 

Whereas,  in  the  case  of vs No ,  appealed 

from  your  court,  the  appeal  of  said was  dismissed  in  the 

county  court  of  said  county,  on  the  ....  day  of ,  A.  D.  19.  .  : 

Therefore,  you  are  hereby  commanded  that  you  proceed  with  the 

enfoi cement  of  the  judgment  rendered  against  said in  your 

court,  on  the  ....  day  of ,  A.  D.  19 .  .,  in  favor  of  said 

for  the  sum  of dollars,  besides  costs ;  the  said  appeal  of  the  said 

to  the  contrary  notwithstanding;  that  you  receive  and  file 

the  original  papers  in  said  cause  sent  herewith,  and  collect  as  well  the 
costs  of  this  court,  which  are  set  forth  on  the  back  hereof. 

Herein  fail  not,  under  penalty  of  the  law. 

Witness  my  hand  and  official  seal,  at  my  office  in ,  Texas, 

this day  of ,  A.  D.  19.. 


Clerk  County  Court,   County,  Texas. 

By ,  Deputy. 

INDORSEMENT    ON    BACK. 

No In  the  County  Court vs 

Writ  of  Procedendo,  issued  this  ....  day  of ,  A.  D.  19.  . 

,  County  Clerk,  County,  Texas.    By , 

I'eputy. 

Filed  this  ....  day  of ,  A.  D.  19 . . 

.,   Justice    of  the  Peace,   Precinct   No ,    

County,  Texas. 

Bill  of  Costs :    Clerk's  fees,  $ ;  sheriff's  fees,  $ ;  judge's 

fees,  $ ;  witness  fees,  $ ;  total,  $ 


TEXAS  CIVIL  FORM  BOOK.  557 

No.  682. 

CONTRACT  FOR  PERSONAL  SERVICES  WITH  SALARY  BASED  ON 

PROFITS. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  this  memorandum  of  a  contract, 

made  and  entered  into  this  the  ....  day  of ,  A.  D.  19. .,  by  and 

between & ,  a  firm  of  partners  composed  of 

and ,   and  doing  business   in   the  city   of 

,  Texas,  under  the  above  firm  name  and  style,  as  parties  of  the 

first  part,  and ,  as  party  of  the  second  part,  witnesseth : 

That  the  said *. . . .  & ,  having  entered  into  the 

general  business  of (here  state  the  business  engaged  in),  agree 

to  keep  and  employ  in  said  business  a  sum  of  money  not  less  than 

dollars,  and  to  maintain  their  business  and  carry  on  same  in  a  store 

(and  factory,  if  such  be  the  case)  in  the  city  of ,  Texas,  and  to 

devote  their  entire  time,  labor  and  attention,  in  good  faith,  to  the  con- 
duct and  profit  of  said  business.  That  they  have  employed  the  said 

(party  of  the  second  part)  for  the  period  of years 

from  the  ....  day  of ,  A.  D.  19. .,  as  an  assistant  workman  and 

general  superintendent  in  said  business ;  the  said hereby 

agreeing  to  devote  his  entire  time,  labor  and  skill  in  the  manufacturing 

of (here  state  the  business  engaged  in),  and  in  the  conduct  of 

said  business,  and  to  work  at  all  times  for  its  success;  and,  for  his  said 

services,  the  said & hereby  agree  to  pay  to 

said ,  as  salary,  a  sum  equal  to of  the  net  profits 

of  said  business,  and  further  agree  to  pay  to  the  said the 

sum  of dollars  a  week,  provided  he  is  entitled  to  that  amount. 

under  the  contract,  and  if  not,  then  such  smaller  sum  as  he  may  then 

be  entitled  under  said  contract.    The  said & , 

parties  of  the  first  part,  agree  also  to  take  stock  on  the  first  day  of 

and of  each  year,  during  the   continuance   of  this 

contract,  and  on  said  dates  to  make  payment  to  said of 

the  full  amount  due  him  for  the  preceding months  immediately 

preceding.    It  is  further  agreed  that  the  said ,  party  of  the 

second  part,  shall  at  all  times  have  access  to  the  books,  papers,  money, 
etc.,  pertaining  to  said  business.  It  is  further  agreed  between  the  parties 

hereto,  that  if  the  business  should  at  any  time  during  the  said 

years  become  unsuccessful  to  such  an  extent  as  to  lead  to  a  discontinu- 
ance of  same  by  the  said  parties  of  the  first  part,  or  if  the  said  party  of 
the  second  part  shall  become  dissatisfied  and  desire  to  quit  said  employ- 
ment, then,  and  in  that  case,  a  settlement  shall  be  made  between  the 
parties  at  once  by  taking  an  account  of  the  stock,  and  by  the  payment  to 
the  second  party  as  salary  a  sum  equal  to of  the  net  profits  ac- 
crued, which  shall  also  be  the  manner  of  settlement  at  the  expiration  of 
this  contract,  in  case  same  is  not  terminated  as  above  set  forth  prior 


558  TEXAS  CIVIL  FORM  BOOK. 

thereto.    It  is  expressly  understood,  however,  that  the  said , 

party  of  the  second  part,  is  not  to  be  considered  as  a  partner  in  said  busi- 
ness, nor  shall  he  be  responsible  for  any  losses  that  may  occur  in  the 
management  thereof,  nor  shall  he  have  any  specific  lien  for  the  payment 
of  his  salary  or  otherwise  on  the  goods,  merchandise  and  machinery  be- 
longing to  the  said & ,  and  used  in  their  said 

business. 

In  testimony  of  the  assent  of  all  the  parties  hereto  we  hereby  sub- 
scribe our  names,  this  the  ....  day  of ,  A.  D.  19.  . 


Witnesses : 


WILLS. 

R.  S.  Arts.  5333-5356   (4857-4876). 

No.  683. 
GENERAL  FORM  OF  WILL. 

The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  I, ,  of  the  county 

of ,  and  State  of  Texas,  being  in  good  health,  and  of  sound  and 

disposing  mind  and  memory,  do  make  and  publish  this,  my  last  will 
and  testament,  hereby  revoking  all  wills  by  me  at  any  time  heretofore 
made. 

First.  I  direct  that  all  my  just  debts  shall  be  paid,  and  that  the 
legacies  hereinafter  given  shall,  after  the  payments  of  my  debts,  be  paid 
out  of  my  estate. 

Second.  I  give  to  each  of  my  children, and , 

the  sum  of dollars,  each,  to  be  paid  to  them  as  soon  after  my 

decease  as  conveniently  may  be  done. 

Third.  I  give  to  my  beloved  wife,  ,  all  my  household 

and  kitchen  furniture,  and  the  farm  upon  which  I  now  reside,  situate 

in  the  county  of ,  State  of  Texas,  containing acres  of 

land. 

Fourth.  I  give  all  the  residue  of  my  estate  remaining  after  the  pa)r- 
ment  of  the  foregoing  legacies  to  my  wife,  so  long  as  she  shall  remain 
unmarried,  with  remainder  thereof,  on  her  decease  or  marriage,  to  my 
said  children  and  their  heirs,  respectively,  share  and  share  alike. 


TEXAS  CIVIL  FORM  BOOK.  559 

Fifth.  1  hereby  constitute  and  appoint sole  executor  of 

this  my  will. 

In  witness  whereof  I  have  hereunto  set  my  hand  this  the  ....  day  of 

,  A.  D.  19. .,  in  the  presence  of and , 

who  attest  the  same  at  my  request. 


The  above  instrument  was  now  here  subscribed  by ,  the 

testator,  in  our  presence,  and  we,  at  his  request  and  in  his  presence,  sign 
our  names  hereto  as  attesting  witnesses. 


R.  S.  Art.  5335   (4859). 

Will,  if  not  wholly  written  by  the  testator,  must  be  attested  by  two  or 
more  credible  witnesses  above  the  age  of  fourteen  years. 

Every  person  aged  twenty-one  years  or  upward,  or  who  may  be  or  may 
have  been  lawfully  married,  being  of  sound  mind,  shall  have  power  to 
make  a  last  will  and  testament,  under  the  rules  and  limitations  pre- 
scribed by  law. 
R.  S.  Art.  5333  (4857). 


No.  684. 

ANOTHER  FORM  OF  WILL. 

The  State  of  Texas,  County  of 

I, ,  of  the  county  of and  State  of  Texas,  being 

of  sound  and  disposing  mind  and  memory,  and  being  desirous  to  settle 
my  worldly  affairs  while  I  have  strength  to  do  so,  do  make  this  my  last 
will  and  testament,  hereby  revoking  all  others  heretofore  by  me  made. 

1.  I  desire  and  direct  that  my  body  be  buried  in  a  decent  and  Chris- 
tianlike  manner,  suitable  to  my  circumstances  and  condition  in  life. 

2.  I  desire  and  direct  that  my  just  debts  be  paid  out  of  my  estate 
without  delay,  by  my  executrix  to  be  hereinafter  appointed. 

3.  It  is  my  will  and  desire  that  all  of  the  property,  both  real  and 
personal,  I  may  die  seized  and  possessed  of,  after  the  payment  of  all  my 
just  debts,  together  with  all  the  expenses  incident  to  the  probating  of 
this  will,  shall  pass  to  and  vest  in  fee  simple  in  my  beloved  wife, 

,  and  after  the  payment  of  all  my  just  debts,   I  give, 

bequeath  and  demise  to  my  beloved  wife, ,  the  remainder 

of  all  the  property  I  may  own  or  be  interested  in  at  the  time  of  my 
death,  in  fee  simple,  to  manage,  sell  or  dispose  of  as  she  may  wish  or 
see  proper. 

4.  I  hereby  constitute  and  appoint  my  beloved  wife,   , 

executrix  of  this,  my  last  will  and  testament,  and  direct  that  no  bond 
or  security  be  required  of  her  as  executrix. 


560  TEXAS  CIVIL  FORM  BOOK. 

5.  It  is  my  will  that  no  other  action  shall  be  had  in  the  county  court 
in  the  administration  of  my  estate  than  to  prove  and  record  this  will 
and  to  return  an  inventory  and  appraisement  of  my  estate  and  list  of 
claims. 

In  testimony  whereof  I  have  hereto  set  my  hand  this  the  ....  day  of 
,  A.  D.  19.. 


Signed,  declared  and  published  by ,  as  his  last  will  and 

testament,  in  the  presence  of  us,  the  attesting  witnesses,  who  have  hereto 

subscribed    our    names  in  the  presence  of  said ,    at    his 

special  instance  and  request,  this  ....  day  of ,  A.  D.  19.  . 


R.  S.  Art.  5333  (4857). 

Every  person  competent  to  make  a  last  will  may  devise  and  bequeath 
all  the  estate,  right,  title  and  interest  in  possession,  reversion  or  re- 
mainder, which  he  has  or  at  the  time  of  his  death  shall  have,  of,  in  or 
to  any  lands,  tenements,  etc. 

R.  S.  Art.  5334  (4858). 


No.  685. 

WILL  WRITTEN  BY  THE  TESTATOR. 
The  State  of  Texas,  County  of 

In  the  name  of  God,  amen.  I, ,  of  the  county  of 

and  State  of  Texas,  being  in  good  bodily  health  and  of  sound  mind, 
calling  to  mind  the  frailty  and  uncertainty  of  life,  and  being  desirous 
of  settling  my  worldly  affairs,  and  directing  how  the  estate  with  which 
it  has  pleased  God  to  bless  me  shall  be  disposed  of  after  my  decease, 
while  I  have  strength  and  capacity  so  to  do,  do  make  and  publish  this, 
my  last  will,  hereby  revoking  all  other  wills  heretofore  made. 

First.  I  direct  that  all  my  just  debts  and  funeral  charges  shall,  by 
my  executors,  hereinafter  named,  be  paid  out  of  my  estate,  as  soon  after 
my  decease  as  shall  by  them  be  found  convenient. 

Second.  I  give  and  bequeath  to  my  beloved  wife,  ,  all 

my  household  furniture  and  my  library,  my  pair  of  horses  and  carriage, 

together  with  their  harness,  and  also in  money,  to  be  paid  to  her 

by  my  executors  within  six  months  after  my  decease,  to  have  and  to 
hold  the  same  to  her,  and  her  heirs,  executors,  administrators  and 
assigns,  forever.  I  also  give  to  her  the  use  and  income  of  my  dwelling- 
house,  land  and  its  appurtenances,  wherein  I  now  reside,  situated  in 
County,  Texas;  my  storehouse,  land  and  its  appurtenances, 


TEXAS  CIVIL  FORM  BOOK.  561 

situated  in  the  town  of ,  in  said  county,  to  have  and  to  hold  the 

same  for  and  during  her  natural  life. 

Third.  I  give  and  bequeath  to  my  honored  mother, , 

dollars  in  money,  to  he  paid  to  her  by  my  executors  within  six 

months  after  my  decease. 

Fourth.  I  give  and  bequeath  to  my  son ,  the  reversion 

of  my  dwelling-house,  land,  and  its  appurtenances,  situated  in 

County,    Texas,    from    and    after    the    decease  of  my  beloved  wife, 

,  to  have  and  to  hold  the  same  to  him,  the  said , 

his  heirs  and  assigns,  from  and  after  the  decease  of  my  said  wife,  to  his 
and  their  use  and  behoof  forever. 

Fifth.  I  give  and  bequeath  to  my  son ,  the  reversion  of 

my  storehouse,  lands,  and  its  appurtenances,  situated  in  the  town  of 

,  in  said  county,  from  and  after  the  decease  of  my  beloved  wife, 

,  to  have  and  to  hold  the  same  to  the  said  .  .  .  .; , 

his  heirs  and  assigns,  from  and  after  the  decease  of  my  said  wife,  to  his 
and  their  use  and  behoof  forever. 

Sixth.  All  the  rest  and  residue  of  my  estate  of  which  I  shall  die 
seized  and  possessed,  or  to  which  I  shall  be  entitled  at  the  time  of  my 

decease,  1  give  and  bequeath  to  my  sons and , 

to  be  equally  divided  between  them,  share  and  share  alike. 

Seventh.  I    nominate    and    appoint    my    said  sons and 

to  be  executors  of  this  will,  and  direct  that  no  security 

shall  be  required  of  them  as  executors. 

Eighth.  It  is  my  will  that  no  action  shall  be  had  in  the  county  court 
in  the  administration  of  my  estate  other  than  to  prove  and  record  this 
will,  and  to  return  an  inventory  and  appraisement  of  my  estate  and  list 
of  claims. 

I  authorize  and  empower  my  said  executors,  or  whichever  of  my  said 
sons  shall  accept  and  act  as  such,  to  sell  and  dispose  of  any  portion  of 
my  estate,  real  or  personal,  at  public  or  private  sale,  and  in  the  manner 
that  may  seem  to  them  best,  for  the  purpose  of  paying  my  just  debts 
and  the  legacies  herein  bequeathed.  Saving  and  excepting,  however, 
from  such  sale  and  disposition,  that  portion  of  niy  estate  herein  specially 
devised. 

The   foregoing  instrument,   wholly  written  by   myself,   1   make  and 
publish  as  my  last  will,  hereunto  subscribing  my  name  this  ....  day  of 
,  A.  D.  19.. 


R.  8.  Arts.  5335-53.3(5   (4850-4860). 

Any  soldier  in  actual  military  service,  or  any  mariner  or  seaman  being 
at  sea,  may  dispose  of  his  chattels  without  regard  to  the  provisions  of 

Title  110.  * 

R.  S.  Art.  5342  (4866). 

Form  Book  — 36. 


562  TEXAS  CIVIL  FORM  BOOK. 

No.  686. 

CODICIL  TO  A  WILL. 

The  State  of  Texas,  County  of 

Whereas  I,  ,  of  the  county  of ,  and  State  of 

Texas,  have  heretofore  made  my  last  will,  wholly  written  by  myself,  and 

bearing  date  the  ....  day  of ,  A.  D.  19 . . :  Now  I  do  by  this,  my 

writing,  which  I  hereby  declare  to  be  a  codicil  to  my  said  will,  to  be 

taken  as  a  part  thereof,  give  and  bequeath  to  my  nephew, , 

my  diamond  ring,  usually  worn  by  me;  and  whereas,  in  and  by  my  said 

will,  I  have  given  to  my  mother,  ,  the  sum  of 

dollars,  I  do  hereby  declare  that  my  will  is  that  the  sum  of dollars 

only  be  paid  to  her,  in  full  of  the  said  legacy  I  have  as  aforesaid  given 
to  her,  and  that  the  remaining  part  of  said  legacy  be  given  to  my  niece, 

;  and  lastly,  it  is  my  desire  that  this,  my  present  codicil, 

be  annexed  to  and  made  a  part  of  my  will  to  all  intents  and  purposes. 

The  foregoing  instrument,  wholly  written  by  myself,  I  make  and  pub- 
lish as  a  codicil,  to  be  annexed  to  my  last  will,  hereunto  subscribing  my 
name  this  the  ....  day  of ,  A.  D.  19.  . 


R.  S.  Art.  5337   (4861). 

If  codicil  is  not  wholly  written  by  the  testator,  must  be  attested  by  two 
or  more  credible  witnesses  above  the  age  of  fourteen  years,  subscribing 
their  names  thereto  in  the  presence  of  the  testator,  with  like  formalities 
as  the  will. 

R.  S.  Arts.  5335-5337   (4859-4861). 


No.  687. 
NUNCUPATIVE  WILL. 

The  State  of  Texas,  County  of 

The    undersigned,    ,    and , 

residents  of  the  county  and  State  aforesaid,  were,  on  the  ....  day  of 

,  A.  D.  19. .,  at  the  habitation  of ,  a  resident  of 

said  county,  and  since  deceased,  who  was  then,  and  has  been  for  several 
days  prior  thereto,  confined  by  serious  bodily  illness;  that  the  said 

was  then  afflicted  with  a  malady  of  a   dangerous  and 

alarming  character,  and  being  apprehensive  of  approaching  death,  did, 
about  the  hour  of  ....  o'clock  of  the  day  aforesaid,  call  upon  those  per- 
sons who  were  present  at  his  bedside,  among  whom  were  the  under- 
signed, to  take  notice  and  bear  testimony  that  what  he  was  then  about  to 
say  was  his  will,  and  did  then  and  there  utter  the  following  testa- 
mentary words,  to  wit: 


TEXAS  CIVIL  FORM  BOOK.  663 

First.  That  he  gave  and  bequeathed  to  his  daughter,  , 

now  residing  with  him,  the  sum  of dollars,  to  be  paid  to  the  said 

by  his  executrix  so  soon  after  his  death  as  conveniently 

may  be  done. 

Second.  That  he  willed  and  bequeathed  to  his  daughter, , 

residing  in  the  county  of ,  the  sum  of dollars,  to  be  paid 

to  the  said ,  by  his  executrix,  as  soon  thereafter  as  con- 
veniently may  be  done. 

Third.  That  he  gave,  willed  and  bequeathed  to  his  son, , 

residing  in County,  Texas,  the  sum  of dollars,  to  be  paid 

to  the  said by  his  executrix  so  soon  after  his  death  as 

conveniently  may  be  done. 

Fourth.  That  he  gave  and  bequeathed  all  the  residue  of  his  estate 

whatever,  to  his  wife,  ,  to  have  and  to  hold  the  same 

forever. 

Fifth.  That  he  constituted  and  appointed  his  wife,  , 

executrix  of  his  said  will  without  bond  for  the  faithful  performance  of 
her  duty  herein. 

The  undersigned  remained  at  the  residence  of  said  testator  until  the 
hour  of  ....  o'clock  ....  on  the  day  aforesaid,  and  at  the  hour  of  .... 
o'clock  ....  of  the  same  day  the  said  testator  departed  this  life  in  their 
presence.  The  said  testator  was,  at  the  time  of  uttering  the  said  testa- 
mentary words,  twenty-one  years  of  age  or  upward,  and  of  sound  and 
disposing  mind. 

The  undersigned,  being  advised  of  the  nature  of  the  will  of  said  tes- 
tator, reduced  the  said  testamentary  words  to  writing  on  the  morning 
following  the  day  of  the  death  of  said  testator,  of  which  the  foregoing 
is  a  full,  true  and  complete  statement,  as  the  same  were  uttered  by  the 
said  testator. 

In  testimony  whereof  we  have  hereunto  set  our  hands  this  the  .... 
day  of ,  A.  D.  19.. 


R.  S.  Arts.  5338-5339  (4862-4863). 

No  nuncupative  will  can  be  proved  within  fourteen  days  after  the 
death  of  the  testator,  and  must  be  probated  within  six  months,  unless 
the  testimony  is  reduced  to  writing  within  six  days,  etc. 


564  TEXAS  CIVIL  FORM  BOOK. 

CONDEMNATION  PROCEEDINGS. 

No.  688. 
PETITION  IN  CONDEMNATION  PROCEEDINGS. 

The  State  of  Texas,  County  of To  the  Honorable , 

Judge  of  the  County  Court  of County,  Texas : 

Now  comes  the Telephone  Company,  a  private  corporation 

duly  incorporated  under  the  laws  of  the  State  of  Texas,  for  the  purpose 

of  constructing  and  operating  telephone  lines  in  the  county  of 

and  in  various  other  counties  hereinafter  mentioned,  in  the  State  of 
Texas,  and  respectfully  shows  to  your  honor: 

That  the Railway  Company  is  a  private  corporation,  duly 

incorporated  under  the  laws  of  the  State  of  Texas,  owning  and  operating 

a  line  of  railway  from  the  city  of  in  said County, 

Texas,  through  said  county  of ,  and  the  counties  of 

and to  the  town  of in  said  county  of and 

to  a  point (here  make  such  description  as  may  be  necessary). 

That  said  railway  from to ,  as  aforesaid,  is  located 

upon  a  right  of  way  of  the  width  of  not  less  than  ....  feet,  said  rail- 
way being  in  the  center  of  the  same,  which  extends  continuously  as  one 

tract  of  land  from  the  said  city  of to  the  said  town  of , 

and  which  is  controlled  by  said  railway  company. 

That  your  petitioner  desires  to  construct  a  telephone  line  from 

to and  to  locate  such  line  upon  said  right  of  Avay  and  parallel 

to  the  rails  of  said  railway  track  and  near  the line  of  said  right 

of  way  at  a  distance  of feet  from  the  center  of  said  railway  track 

except (here  make  such  exceptions  that  may  be  necessary). 

Tli at  said  telephone  line  will  be  constructed  of poles  set  about 

feet  in  the  ground  and  extending  above  ground  not  less  than 

feet,  the  poles  being  placed  at  the  rate  of to  the  mile,  and 

on  each  of  said  poles  shall  be  located  cross  arms or  more  feet 

above  the  ground  and  placed  at  right  angles  with  the  line  of  said  poles 

and  extending  out  from  said  poles  on  each  side  not  more  than 

feet,  and  from  the  cross  arm  on  one  pole  to  the  cross  arm  on  the  next 
pole  shall  be  extended  and  strung  wires  of  copper  and  iron  so  as  to 

make  a  continuous  line  for  telephone  communication  from 

to  

That  said  telephone  line  when  constructed  will  be  for  the  use  of  the 
public,  and  the  public  will  have  the  right  at  all  times  to  use  the  same 
upon  the  payment  of  reasonable  and  uniform  toll  charges.  That  the 

local  agent  in  said  County  of  said  railway  company  is 

,  who  is  a  resident  of  said County,  Texas. 

That  petitioner  and  said  railway  company  have  not  agreed  upon  the 
amount  of  damages  to  said  right  of  way  by  reason  of  the  location  of 
said  proposed  telephone  line. 


TEXAS  CIVIL  FORM  BOOK.  565 

That  each  pole  so  located  upon  said  line  will  take  about square 

feet  of  ground,  and  the  damages  to  said  railway  company  by  reason  of 
the  construction  and  maintenance  of  said  telephone  line  upon  said  right 
of  way,  for  the  purposes  for  which  said  railway  company  uses  such  right 

of  way,  will  not  exceed  the  sum  of dollars  per  mile ;  that  the 

distance  along  said  right  of  way  from to is miles. 

That  hereafter,  whenever  said  railway  company  may  desire  to  run  a 
switch  or  side  track  under  said  telephone  line  constructed  as  described, 

on days'  notice,  said  telephone  company  will  reset  any  poles 

necessary  to  allow  said  railway  company  to  construct  the  same,  and  in  all 
cases  where  said  telephone  line  may  now  pass  or  hereafter  may  pass 
over  any  such  switch  or  side  track,  said  telephone  company  shall  see  that 
the  lowest  wires  clear  the  railway  rails  by  at  least feet. 

Wherefore  petitioner  respectfully  prays  your  honor  to  forthwith  name 

three  disinterested  freeholders  of  the  county  of  ,  who  shall 

assess  the  amount  of  said  damages  to  the  end  that  petitioner  may  at 
once  enter  upon  said  land  for  the  construction  of  said  telephone  line, 
and  in  duty  bound  will  ever  pray,  etc. 


Petitioner. 
R.  S.  Art.  4447    (4182). 


No.  689. 

ORDER  OF  COUNTY  JUDGE  APPOINTING  COMMISSIONERS. 
The  State  of  Texas,  County  of 

On  this  the  ....  day  of A.  D.  19.  .,  came  on  to  be  heard  the 

application  of  the Company,  a  private  corporation,  asking  for 

a  commission  to  assess  damages  for  right  of  way  over  and  against  the 

right  of  way  of  the Railway  Company,  a  private  corporation, 

from in County,  Texas,  to in  the  county  of 

,  State  of  Texas ;  and  it  appearing  to  the  court  that  commis- 
sioners have  not  been  agreed  upon  by  said  parties,  the  court  here  now 

appoints , and  ,  disinterested 

freeholders  of    County,   Texas,  as  special   commissioners  to 

assess  damages  in  said  condemnation  proceedings. 


County  Judge County,  Texas. 

R.  S.  Art.  4448  (4183). 


566  TEXAS  CIVIL  FORM  BOOK. 

No.  690. 

NOTICE  OF  COMMISSIONERS  TO  ALL  PARTIES  CONCERNED. 

The  State  of  Texas,  County  of 

On  this  the  ....  day  of ,  A.  D.  19 . ., , 

and  ,  special  commissioners  appointed  by  the  court  to 

assess  the  damages  to  the Eailway  Company,  by  reason  of  the 

location  of  a  telephone  line  on  the  right  of  way  of  said  railway  company's 

railroad,  from ,  Texas,  to ,  Texas,  as  is  more  fully  set 

out  in  the  petition  of  the Telephone  Company  filed  with  the 

Hon ,  County  Judge  of  County,  Texas,  on  the 

....  day  of ,  A.  D.  19. .,  said  commissioners  having  been  duly 

sworn  to  assess  said  damages  fairly  and  impartially  and  in  accordance 
with  law,  do  hereby  appoint  as  the  place  and  time  for  hearing  said 

parties  and  said  matters,  the  office  of  the  said ,  at , 

Texas,  on  the  ....  day  of ,  A.  D.  19. . 

A  copy  of  this  order  shall  be  served  upon  each  of  said  parties  and 
service  thereof  shall  be  notice  to  each  of  the  parties  to  appear  at  said 
time  and  place  at  ....  o'clock  . .  m.,  for  the  purpose  of  offering  any 
evidence  they  desire  on  the  issue  as  to  the  damage  to  be  assessed  against 
said  telephone  company  and  to  be  paid  to  said  railway  company  for  the 
right  of  way  aforesaid. 

Witness  our  hands  this   ....  day  of ,  A.  D.  19 .. 


Special  Commissioners. 
R.  S.  Art.  4451   (4186). 


No.  691. 
SERVICE  OF  NOTICE. 

Came  to  hand  on  the  ....  day  of ,  A.  D.  19 . . . .,  and  executed 

on  the   ....  day  of   ,  A.  D.  19. .,  by  delivering  a  copy  of  the 

within  notice  to ,  local  agent  in County,  Texas, 

of  the Eailway  Company,  and  by  delivering  one  copy  hereof 

to ,  agent  of  the  said Telephone  Company  at 

,  Texas. 


R.  S.  Art.  4452  (4187). 

Said  notice  shall  be  served  upon  said  parties  at  least  five  days  before 
the  day  of  hearing,  exclusive  of  the  day  of  service,  and  may  be  served 
by  any  person  competent  to  testify.  The  original  notice  shall  be  re- 
turned to  the  commissioners  with  the  return  thereon. 


TEXAS  CIVIL  FORM  BOOK.  567 

No.  692. 

ASSESSMENT  OF  DAMAGES  BY  THE  COMMISSIONERS. 

vs No Condemnation   Proceedings 

before   ,  County  Judge  of   County,  Texas. 

On  this  the  ....  day  of ,  A.  D.  19. .,  came  on  for  hearing  be- 
fore the  undersigned, , and , 

special    commissioners,    and   disinterested    freeholders    of    

County,  Texas,  appointed  by  the  county  judge  of   County, 

Texas,  upon  the  application  of  the   Telephone  Company, 

filed  with  said  county  judge  on  the  ....  day  of ,  A.  D.  19.  .,  to 

condemn  a  certain  right  of  way  over  the  right  of  way  of  the 

Railway   Company,  from    ,  Texas,  to    ,   Texas,  said 

parties  having  been  duly  notified  of  the  time  and  place  of  meeting  as 
is  required  by  law,  and  both  parties  appearing  in  person  and  by  their 
attorneys,  and  after  fully  hearing  said  parties  at  the  appointed  time  and 
place,  and  all  the  evidence  as  to  the  damages  which  will  be  sustained  by 
said  railway  company  by  reason  of  such  condemnation,  we  assess  said 

damages  at  the  sum  of dollars,  and  that  the  said 

Telephone  Company  pay  all  costs  of  this  proceeding. 

This  the day  of ,  A.  D.  19. . 


Special  Commissioners. 
R.  S.  Art.  4463  (4197). 


No.  693. 

FINAL  ORDER  OF  THE  COUNTY  JUDGE. 


Telephone  Company  vs Railway  Company. 

No Before ,  County  Judge  of County, 

Texas. 

On  this  the  ....  day  of ,  A.  D.  19. .,  came  on  for  final  hearing 

the  above  numbered  and  entitled  cause,  and  it  appearing  to  the  court 
that  no  objections  have  been  filed  to  the  award  of  said  commissioners 

filed  herein  on  the  ....  day  of ,  A.  D.  19.  .,  which  is  as  follows: 

(here  insert  the  award  or  findings  of  the  special  commis- 
sioners) : 

It  is  therefore  ordered,  adjudged  and  decreed  by  the  court,  that  said 
Telephone  Company  pay  to  said Railway  Com- 
pany the  sum  of dollars,  with  interest  at  the  rate  of  six  per  cent 

per  annum  from  date  hereof  until  paid,  together  with  all  costs  herein, 


568  TEXAS  CIVIL  FORM  BOOK. 

for  all  of  which  execution  may  issue;  and  that  such  payment  be  and  is 
hereby  adjudged  to  be,  in  full  compensation  for  the  construction  and 

maintenance  of  a  telephone  line  from  ..........  Texas,  to , 

Texas,  on  the  right  of  way  of  said  railway  company,  parallel  to  the  rails 

of  said  railway  and  on  the side  thereof,  at  a  distance  of 

feet  from  the  center  of  said  railway  except (here  state  such  ex- 
ceptions that  may  be  necessary),  said  line  being  of^ poles  and 

where  the  wires  thereof  now  or  hereafter  cross  over  any  spur  or  side 

track  of  said  railway,  then  the  lowest  wires  thereof  shall  be  at  least 

feet  above  the  rails ;  and  hereafter  said  telephone  company  will  reset  any 
of  the  poles  of  said  line  when  necessary  to  allow  said  railway  company 
to  construct  any  desired  switch  or  side  track;  and  said  telephone  com- 
pany shall  pay  all  the  costs  herein. 
R.  S.  Art.  4469   (4203). 

If  either  party  be  dissatisfied  with  the  decision  of  such  commissioners 
he  may,  within  ten  days  after  the  same  has  been  filed  with  the  county 
judge,  file -his  opposition  thereto  in  writing,  etc.,  and  thereupon  the 
adverse  party  shall  be  cited,  and  said  cause  shall  be  tried  and  determined 
as  in  other  civil  causes  in  said  court. 

When  such  corporation  desires  to  enter  upon  and  take  the  property 
sought  to  be  condemned,  pending  litigation,  see 

Article  4471,  amended  by  the  26th  Leg.,  Reg.  Ses.   (1890),  p.  105. 


SALE  OF  REAL  ESTATE. 

No.  694. 

RECEIPT  OF  EARNEST   MONEY   AND   OPTION   SALE   OF   REAL   ESTATE. 
$ ,  Texas, day  of   ,  19 .. 

Received  from    ,  of  the  county  of    ,  State  of 

Texas,  the  sum  of dollars,  earnest  money,  to  close  sale  to  himself 

of  the  following  described  lot,  tract  or  parcel  of  land,  to  wit 

(here  describe  the  property),  from   ,  acting  by  and  through 

his  duly  authorized  agent, ,  real  estate  agent,  at  ......... 

Texas,  at  a  total  sale  price  of dollars,  to  be  paid  as  follows,  to  wit: 

the  sum  of dollars,  cash,  on  the  delivery  of  an  abstract  to  the  said 

,   showing  a   clear  title,   free   from  any   and   all   incum- 

brances,  in  the  said   ,  the  sum  of   dollars  herein 

receipted  for  being  a  part  of  and  to  be  taken  as  a  credit  on  the  said 

first  payment,  and  the  execution  and  delivery  by  the  said 

to  the  said ,  or  to  his  agent  aforesaid,  of  the  two  certain 

promissory  vendor  lien  notes  of  said ,  all  being  of  the  day 

and  date  when  said  abstract  is  furnished,  each  being  in  the  sum  of 


TEXAS  CIVIL  FORM  BOOK.  569 

dollars,  and  payable  in and months  after  their  dates,  each 

respectively,  to  the  order  of  the  said ,  with  interest  at  the 

rate  of per  cent  per  annum  from  date  until  paid,  and  ten 

per  cent  attorney's  fees,  and  providing  failure  to  pay  either  of  said  notes 
or  any  installment  of  interest  thereon  when  due,  shall,  at  the  option  of 

the  holder,  mature  each  of  said  notes,  at ,  Texas,  value  received, 

and  signed  by  the  said 

Upon  the  said  cash  payment  as  aforesaid  and  the  delivery  of  the  said 
notes  mentioned,  together  with  a  deed  of  trust  duly  executed  by  the  said 

,  on  the  above  described  tract  of  land,  for  the  use  and 

benefit  of  the  said ,  and  as  an  additional  security  to  said 

notes,  the  said ,  or  his  duly  authorized  agent,  shall  there- 
upon deliver  to  the  said the  certain  warranty  deed  of  the 

said  to  the  said  property,  free  from  expense  to  the  said 

It  is  further  understood  that  the  title  to  said  property 

is  to  be  perfect,  or  to  be  made  perfect,  within  a  reasonable  time,  not 

exceeding days  from  date  hereof,  or  this  earnest  money  is  to  be 

refunded  to  the  said The  deed,  trust  deed,  and  notes 

are  to  be  drawn  at  the  expense  of  the  said ;  the  abstract  of 

title  of  said  property  is  to  be  furnished  up  to  date  to  the  said , 

free  of  expense  to  him;  the  taxes  on  said  property  are  to  be  paid  by  said 

up  to  and  including  the  year  19 .  . ;  the  said  abstract  of 

title  is  to  remain  in  the  custody  of  the  said until  said  notes 

are  fully  paid  and  discharged,  when  same  is  to  become  the  property  of 

the  said ;  the  parties  hereto  are  allowed days  from 

this  date  in  which  to  consummate  the  details  of  this  trade,  and,  if  same 
are  not  consummated  or  finished  by  that  time,  then  the  earnest  money 
above  mentioned  is  to  be  refunded,  if  the  fault  be  that  of  the  said 

, ,  whereupon  the  said  may  then  proceed  to 

establish  his  rights  according  to  law ;  but,  if  the  fault  be  that  of 

,  then  the  amount  so  received  as  earnest  money  is  to  be 

forfeited,  and  at  once  become  the  property  of  the  said  , 

and  his  agent  is  authorized  to  turn  same  over  to  him,  less  his  commis- 
sion and  expenses  incurred  in  the  matter,  and  upon  said  forfeiture  being 

declared,  the  said .- shall  thereupon  become  released  from 

any  further  liability,  by  reason  of  these  premises. 

Witness  our  hands  this  ....  day  of ,  A.  D.  19. . 


Agent  for 


I  accept  of  the  terms  and  conditions  of  the  above  contract  of  option, 
and  agree  to  abide  by  its  terms. 


570  TEXAS  CIVIL  FORM  BOOK. 

No.  695. 
CONTRACT  FOR  SALE  OF  LAND. 

The  State  of  Texas,  County  of . 

This  contract  of  bargain  and  sale  made  and  entered  into  this  the  .... 

day  of ,  A.  D.  19 .  .,  by  and  between ,  of 

County,  Texas,  party  of  the  first  part,  and of 

County,  Texas,  party  of  the  second  part,  witnesseth: 

(1)  That  the  said  party  of  the  first  part  has  this  day  bargained  and 
sold,  and  by  these  presents  does  hereby  bargain,  sell  and  obligate  him- 
self to  convey  or  cause  to  be  conveyed  in  manner  as  hereinafter  stated 
unto  the  said  party  of  the  second  part  all  and  singular  the  following 
described  property,  to  wit: (here  describe  the  property). 

(2)  The  consideration  paid  and  to  be  paid  to  party  of  the  first  part 
by  said  party  of  the  second  part  for  the  property  above  described  is  the 
agreed  sum  of  ......  dollars,  to  be  paid  as  follows : 

(3)  This  contract  is  conditioned  that  party  of  the  first  part  will  pro- 
cure and  deliver  to  party  of  the  second  part,  at  earliest  practicable  date, 
a  full,  complete,  certified  abstract  of  title  to  the  above  described  prop- 
erty, and  will  permit  said  second  party  to  have  the  same  examined 
by  his  attorney.     If  the  title  as  shown  by  the  abstract  is  good  and  valid, 
then  said  first  party  will  make,  execute  and  tender  a  good  and  suffi- 
cient deed,  conveying  the  aforesaid  property  to  party  of  the  second  part 
with  full  covenants  of  general  warranty  to  complete  this  contract  in  ac- 
cordance with  its  terms  and  stipulations.     If  the  title  to  said  property, 
as  disclosed  by  the  abstract,  is  not  shown  to  be  good  and  valid,  then  the 
said  party  shall  procure  and  submit  to  said  party  of  the  first  part  a 
statement  in  writing  of  the  objections  made  to  said  abstract  within 

days  from  date  hereof.    If  said  objections  are  of  such  character 

that  they  can  be  cured  or  removed  within  a  period  of  time  not  to  exceed 

days  from  date  hereof,  then  said  first  party  shall  be  obligated, 

and  is  hereby  obligated,  to  so  cure  or  remove  said  objections  at  his  own 
expense,  and  it  is  hereby  agreed  and  understood  that  said  party  of  the 

first  part  shall  have days  from  and  after  the  date  when  the 

written  statement  of  objections  is  delivered  to  him  within  which  to  cure 
or  remove  same.    If  the  title  to  said  property,  as  shown  by  the  abstract, 
IK  not  good,  and  the  objections  thereto  are  not  cured  or  removed  by  said 
first  party  in  the  manner  and  within  the  time  hereinbefore  stated,  then 
said  second  party  shall  have  the  right  to  declare  this  contract  at  an  end 
and  no  longer  binding  on  him,  and  same  shall  thereupon  become  null 
and  void,  and  said  second  party  shall  be  entitled  to  the  return  of  all 
money  by  him  paid  by  reason  of  this  agreement. 

(4)  As  an  evidence  of  good  faith  and  in  earnest  of  this  contract,  said 

party  of  the  second  part  has  this  day  deposited  with the 

sum  of dollars,  with  the  express  agreement  and  understanding 


TEXAS  CIVIL  FORM  BOOK.  571 

that  if  said  party  of  the  first  part  does,  in  fact,  make  and  tender  to 
said  second  party  a  good  and  perfect  general  warranty  deed,  convey- 
ing to  said  second  party  the  property  hereinbefore  described,  for  the 
price  and  subject  to  the  terms  hereinbefore  stated,  and  does,  in  fact, 
deliver,  to  said  second  party  a  complete  and  duly  certified  abstract  of 
title  to  said  property,  and  said  abstract  and  deed  is  approved  by  the 
attorney  of  said  second  party  within  the  time  hereinbefore  stated,  and 
said  second  party  thereupon  fails  or  refuses  to  keep  and  perform  the 
obligations  on  him  imposed  by  this  agreement,  then,  and  in  that  event, 

he  shall  forfeit  to  said  first  party  the  aforesaid  sum  of dollars 

as  liquidated  damages;  but  if  said  deed  and  abstract,  or  either,  is  dis- 
approved by  said  attorney  for  cause  and  objections  not  removed  within 

the  time  stated,  then  and  in  that  event  said  sum  of dollars  shall 

be  by  the  said returned  to  said  second  party  on  demand,  and 

this  contract  shall  thereupon  become  null  and  void.  If  the  abstract 
and  deed  is  approved  by  said  attorney,  then  upon  the  final  completion 

of  this  agreement  the  said  sum  of dollars  shall  be  applied  as 

part  of  the  cash  payment  for  said  property  as  hereinbefore  stated. 

(5)  It  is  also  expressly  agreed  and  understood  that  in  the  event  party 
of  the  first  part  by  or  through  any  fault  or  neglect  on  his  part  fails 
or  refuses  to  comply  with  the  terms  and  conditions  of  this  agreement 
he  shall  become  indebted  and  shall  pay  to  said  second  party  the  sum 
of dollars  as  liquidated  damages. 

This  contract  is  executed  in  duplicate,  and  one  copy  delivered  to  each 
of  said  parties,  this  the  day  and  year  first  above  written. 


572  TEXAS  CIVIL  FORM  BOOK. 

FORMS  OF  APPEAL  TO  COURT  OF  CIVIL  APPEALS  AND  WRIT  OF 
ERROR  TO  SUPREME  COURT. 

No.  696. 
AGREED  STATEMENT  OF  FACTS. 

vs No In   the Court   of 

County,  Texas. 

We,  the  parties  to  the  above  styled  and  numbered  cause,  whose  names 
are  signed  hereto,  being  all  of  the  parties  to  this  suit,  hereby  agree  that 
the  following  is  a  true  and  correct  statement  of  the  facts  in  this  cause: 

First (here  state  the  facts  fully,  clearly  and  specifically, 

without  stating  the  testimony  on  the  issues). 

Second.  Etc. 

We  also  agree  to  submit  this  cause  as  an  agreed  case  under  the  provi- 
sions of  the  statute,  and  that  it  may  be  determined  accordingly. 

This  the  .      .  dav  of  .  ,  A.  D.  19 .  . 


Attorney  for ,  Plaintiff. 

Attorney  for ,  Defendant. 

JUDGE'S  CERTIFICATE. 
The  State  of  Texas,  County  of 

I,  ,  Judge  of  the  District  Court  in  and  for  the  county 

of ,  State  aforesaid,  hereby  certify  that  the  above  and  foregoing 

statement  of  the  facts  now  on  file  in  the  cause  of vs. 

,  No ,  on  the  docket  of  said  court,  was  signed  by  the 

counsel  for  all  the  parties  thereto,  and  was  submitted  to  the  court  and 
disposed  of  as  an  agreed  case  as  therein  stated,  and  that  same  is  correct. 

To  certify  which,  witness  my  hand  this  the  ....  day  of ,  A.  D. 

19.. 


Judge Judicial  District  of  Texas. 

R.  S.  Art.  1379   (1377). 


No.  697. 

AGREED  CASE  ON  APPEAL. 

vs No In   the   District   Court   of 

County,  Texas. 

We,  the  parties  to  the  above  styled  and  numbered  cause,  whose  names 
are  signed  hereto,  being  all  of  the  parties  to  this  suit,  hereby  agree  that 


TEXAS  CIVIL  FQKM  BOOK.  573 

the  following  is  a  brief  statement  of  this  case  and  of  the  facts  proven 
on  the  trial  hereof : 

1 (here  state  the  issue  or  issues  made  by  the  pleadings, 

concisely,  so  as  to  enable  the  appellate  court  to  determine  whether  or 
not  there  are  any  errors  in  the  judgment;  or  the  pleadings,  or  the  Bub- 
stance  thereof,  may  be  copied  in  the  statement). 

2.  The  following  facts  were  proven :     (here  state  the  facts 

established,  but  not  the  evidence  by  which  they  were  established). 

3.  The  following  issue  (or  issues)  of  law  are  involved  in  this  case. 
(The  issues  of  law  arising  from  the  case  may  be  stated  or  not,  at  the 
option  of  the  parties.) 

We  agree  that  this  case,  upon  appeal,  may  be  decided  upon  this  agreed 
statement,  in  accordance  with  the  provisions  of  the  statute,  and  deter- 
mined accordingly. 

This  the day  of ,  A.  D.  19 . . 


Attorney  for ,  Plaintiff. 

Attorney  for ,   Defendant. 

JUDGE'S  APPROVAL. 

The  above  and  foregoing  agreed  statement  of  this  case  and  the  facts 
proved,  signed  by  all  the  parties  thereto,  having  this  day  been  examined 
by  me,  is  found  in  all  things  correct,  and  is  hereby  approved  and  ordered 
filed  as  a  part  of  the  record  in  this  case. 

This  the day  of ,  A.  D.  19 .  . 


Judge Judicial  District  of  Texas. 

R.  S.  Art.  1414  (1414). 

May  be  filed  within  twenty  days  after  the  adjournment  of  the  term, 
by  having  an  order  to  that  effect  entered  on  the  docket. 
"28th  Leg.    (1003),  p.  32. 


No.  698. 

BILL  OF  EXCEPTIONS. 

R.  S.  Arts.  1360-1369  (1358-1367). 

vs No In Court,    

County,  Texas, Term,  A.  D.  19. . 

Be  it  remembered  that  on  the  trial  of  the  above  styled  and  numbered 

cause,   in   this   court,   the offered   to (here   state   so 

much  of  the  evidence  offered  as  may  be  necessary  to  explain  it),  to  which 


574  TEXAS  CIVIL  FORM  BOOK. 

the  counsel  for  the  ........  objected,  for  the  following  reasons,  viz: 

(here  state  the  reasons)  and  the  court  sustained  said  objections, 

the excepted  to  said  ruling  and  herewith  tenders  his  bill  of  ex- 
ceptions, and  asks  the  same  may  be  signed  and  made  a  part  of  the  record 
in  said  cause,  which  is  accordingly  so  done. 

,  Judge. 

R.  S.  Art.  1361    (1359). 


No.  699. 
BILL  OF  EXCEPTIONS. 

vs No In  the  District  Court  of 

County,  Texas, Term,  A.  D.  19 .. 

Be  it  remembered  that  on  the  trial  of  the  above  styled  and  numbered 
cause,  in  this  court,  on  this  day  (or  on  any  certain  day,  giving  it,  so  as 
to  show  that  the  bill  is  prepared  and  filed  in  the  time  allowed  by  law), 

the  following  proceedings  were  had,  to  wit (  here  state  fully 

the  proceedings  complained  of). 

To  which  action  of  the  court,  in (state  briefly  what  the  action 

of  the  court  was)  the  plaintiff  (or  defendant,  as  the  case  may  be)  then 
and  there  excepted,  and  here  now,  in  open  court,  tenders  this,  his  bill 
of  exceptions,  and  prays  that  the  same  may  be  examined,  signed  and 
approved  by  the  court,  and  ordered  filed  as  a  part  of  the  record  in  this 
cause. 

This  the day  of ,  A.  D.  19 . . 


Attorney  for ,  Plaintiff  (or  Defendant). 

Presented  and  agreed  to  by ,  Attorney  for  Plaintiff  (or 

Defendant). 

This  bill  of  exceptions  examined,  found  correct  (or  incorrect,  with 
euch  qualifications  as  the  judge  may  see  proper  to  make,  before  signing 
same),  and  signed  and  approved  and  ordered  filed  as  a  part  of  the  record 
in  this  cause. 

This  the day  of ,  A.  D.  19 . . 


Judge Judicial  District  of  Texas. 


TEXAS  CIVIL  FORM  BOOK.  575 

No.  700. 

BILL  OF  EXCEPTIONS  BY  THE  COURT. 
vs No In  the  District  Court  of 


County,  Texas, Term,  A.  D.  19 .. 


Be  it  remembered  that  on  the  trial  of  the  above  styled  and  numbered 

cause,  in  this  court,  on  the  ....  day  of ,  A.  D.  19.  .,  the  following 

proceedings  were  had,  to  wit: 

1.  The  plaintiff  (or  defendant,  as  the  case  may  be)  prepared  and 
tendered  to  the  court  a  bill  of  exceptions  to  a  certain  ruling  of  the 
court  then  and  there  made,  which  bill  was  substantially  as  follows: 
(here  state  the  substance  of  such  bill) ;  which  bill  of  excep- 
tions was  presented  to  the  (adverse  party),  and  to  which  bill  of  excep- 
tions such  party  presented  the  following  objections (here  state 

such  objections  as  such  party  makes);  and  the  court  pointed  out  to  the 
party  presenting  such  bill  of  exceptions  the  corrections  therein  desired 
to  be  made,  and,  they  not  being  agreed  to  by  such  party,  the  court  in- 
dorsed his  refusal  to  sign  such  bill  of  exceptions  thereon,  and  returned 
same  to  the  party  presenting  it.  And  it  thus  becoming  the  duty  of  the 
judge  of  this  court  to  make  out  a  proper  bill  of  exceptions  to  present 
the  said  ruling  of  the  court  as  it  occurred,  the  said  judge  here  now  states 
that  the  said  proceedings  objected  to  by  said  party  were  as  follows: 
(Here  state  the  facts  as  in  an  ordinary  bill  of  exceptions.) 

To  which  ruling  of  the  court  the  said  plaintiff  (or  defendant,  as  the 
case  may  be)  then  and  there  in  open  court  excepted;  and  this  bill  of 
exceptions  is  now  here  prepared  by  the  court,  in  accordance  with  the 
facts  as  they  occurred,  and  is  ordered  filed  as  a  part  of  the  record  in  the 
cause.  To  certify  all  of  which,  witness  my  hand  this  the  ....  day  of 
,  A.  D.  19.. 


Judge  ....'....  Judicial  District  of  Texas. 
R.  S.  Art.  1368  (1368). 

Bills  of  exception  may  be  filed  within  twenty  days  after  the  adjourn- 
ment of  the  term  at  which  such  cause  may  be  tried,  by  having  an  order 
to  that  effect  entered  on  the  docket. 

28th  Leg.    (1903),  p.  32. 


No.  701. 
CONTROVERTED  BILL  OF  EXCEPTIONS  AND  AFFIDAVITS. 

vs No In  the  District  Couri:  of 

County,  Texas, Term,  A.  D.  19 .. 

Be  it  remembered  that  on  the  trial  of  the  above  styled  and  numbered 
cause,  in  this  court,  on  this  day,  the  following  proceedings  were  had, 


576  TEXAS  CIVIL  FORM  BOOK. 

0 

to  wit:  (here  state  concisely  and  fully  the  proceedings  com- 
plained of). 

To  which  action  of  the  court,  in (here  state  briefly  what  the 

action  was),  the  plaintiff  (or  defendant,  as  the  case  may  be)  then  and 
there  excepted,  and  here  in  open  court  tenders  this  his  bill  of  exceptions, 
and  prays  that  the  same  may  be  examined,  signed  and  approved  by  the 
court  and  ordered  filed  as  a  part  of  the  record  in  this  cause. 

This  the day  of ,  A.  D.  19 .  . 


Attorney  for ,  Plaintiff  (or  Defendant). 

(Indorsed  by  the  court:  This  bill  of  exceptions  is  refused  by  the 
court,  because,  in  the  opinion  of  the  court,  it  does  not  correctly  state  the 
facts  excepted  to.) 


Judge  ..,....-.  Judicial  District  of  Texas. 

The  State  of  Texas,  County  of 

We, ,  and ,  three  citizens  of 

this  State,  who  were  bystanders  and  witnesses  to  the  rulings  of  the  court 
had  in  the  above  styled  and  numbered  cause,  to  which  the  above  bill  of 
exceptions  relates,  certify  that  we  were  each  personally  present  at  the 
time  of  the  occurrences  stated  therein,  and  that  the  statements  contained 
in  the  foregoing  bill  of  exceptions  are  true  and  correct,  arid  that  the 
facts  as  they  occurred  are  truly  and  accurately  stated  therein;  and  we 
further  certify  that  this  certificate  is  now  here  given  at  the  time  of  such 
occurrences.  To  certify  all  of  which,  we  sign  our  names  hereto,  this 
the day  of ,  A.  D.  19.. 


AFFIDAVITS    TO    BILL    OF    EXCEPTIONS. 

The  State  of  Texas,  County  of 

Before  me,  the  undersigned  authority,  on  this  day  personally  appeared 

,    ,    ,    and 

each  of  whom  is  to  me  well  known,  and  being  by  me  first  duly  sworn, 
each,  on  his  oath,  deposes  and  says,  that  they,  and  each  of  them,  were 

personalty  present  in  the  district  court  in  and  for County, 

Texas,  on  the  ....  day  of ,  A.  D.  19.  .,  during  the  trial  of  the 

cause  of . .  .  vs ,  and  were  witnesses  to  the  fol- 
lowing stated  proceedings  therein,  and  that  they  occurred  as  follows: 

(here  state  the  controverted  facts  as  stated  in  the  bill  of 

exceptions.     Or  if  the  affidavits  are  made  on  behalf  of  the  party  con- 
troverting  the  bill  of  exceptions  as  certified  to  by  the  bystanders,  and 


TEXAS  CIVIL  FORM  BOOK.  577 

proven,  then  state  the  facts  according  to  the  understanding  of  the 
affiants). 

Witness  our  hands  this  the  ....  day  of ,  A.  D.  19 . . 


Subscribed  and  sworn  to  by and ,  before 

me,  etc. 


R.  S.  Art.  1369  (1367). 


No.  701  1-2. 
PETITION  FOR  WRIT  OF  ERROR  TO  COURT  OF  CIVIL  APPEALS. 

vs No In  the Court  of 

County,  Texas. 

To  the  Clerk  of  the Court  in  and  for County,  Texas : 

1.  Your  petitioner,   ,  respectfully  represents  that  here- 
tofore, to  wit,  on  the  . . .  day  of ,  A.  D.  19. .,  a  judgment  was  ren- 
dered in  this  court  for  the  sum  of  ....  dollars  and  costs  of  suit,  in  favor 

of and  against  your  petitioner,  in  a  certain  cause  pending 

in  this  court,  numbered on  the  docket  hereof,  in  which  the  said 

was  plaintiff  and  your  petitioner  was  defendant 

(here  describe  the  judgment  fully  and  accurately). 

2.  That  on  the  . . .  day  of ,  A.  D.  19. .,  your  petitioner,  having 

in  due  time  filed  a  motion  therein  for  a  new  trial,  this  court  entered  an 
order  overruling  said  motion,  to  which  action  of  the  court  your  petitioner 
then  and  there  excepted  and  had  his  said  exceptions  entered  of  record. 

3.  That  on  account  of  the  many  errors  therein,  as  is  from  the  record 
apparent,  your  petitioner  desires  to  remove  the  said  judgment  (and 

order)  to  the  Court  of  Civil  Appeals  in  and  for  the Judicial 

District  of  Texas,  at ,  for  revision  and  correction  of  the  many 

errors  therein. 

4.  That  the  said heretofore  caused  a  writ  of  execution 

to  issue  out  of  this  court  and  placed  the  same  in  the  hands  of , 

sheriff  of County;  and  has  caused  said  sheriff  (or  is  about  to 

cause  said  sheriff)  to  levy  said  execution  upon  a  portion  of  your  peti- 
tioner's property. 

5.  That  your  petitioner  presents  herewith  a  supersedeas  bond  in  the 

Form  Book  —  37. 


578  TEXAS  CIVIL  FORM  BOOK. 

sum  and  conditioned  as  required  by  law,  and  is  desirous  of  obtaining  a 
writ  of  supersedeas  to  suspend  the  enforcement  of  said  judgment  and 
execution. 

6.  That ,  who  is  a  resident  citizen  of County, 

Texas,  is  a  party,  and  the  only  party,  interested  adversely  to  your  peti- 
tioner in  said  cause,  and  Messrs &  ,  resi- 
dents of County,  Texas,  are  his  attorneys  of  record  in  this 

cause.  Wherefore  your  petitioner  prays  for  a  writ  of  supersedeas  to 
issue  herein,  to  the  end  that  said  execution  and  the  enforcement  of  said 

judgment  be  suspended;  that  citation  in  error  issue  to  the  said , 

in  terms  of  law;  and  that  the  said  judgment  and  order  may  be  removed 
to  the  said  Court  of  Civil  Appeals  for  revision  and  correction  of  the 
many  errors  therein,  pointed  out  in  your  petitioner's  assignments  of 
error  herein  filed,  and  for  all  other  proper  relief. 


Attorney  for ,  Petitioner. 

R.  S.  Art.  1391  (1391). 

The  petitioner  shall  recite  the  judgment  with  sufficient  certainty  to 
identify  it.    Paragraphs  2,  4  and  5  in  petition,  should  be  omitted  when 
not  applicable.    Writ  of  error  may  be  sued  out  at  any  time  within  twelve 
months  after  final  judgment  is  rendered,  and  not  thereafter. 
R.  S.  Art.  1389  (1389). 


No.  702. 
CITATION  IN  ERROR. 

The  State  of  Texas.  To  the  Sheriff  or  any  Constable  of County — 

Greeting : 

Whereas,  on  the  ....  day  of ,  A.  D.  19 . ., recovered 

a  judgment  in  the Court  of County,  Texas,  in  a  suit 

therein  pending,  wherein was  plaintiff  and 

was  defendant,  No ,  against  said for 

(describe  judgment  as  set  forth  in  petition  for  writ,  besides  costs  of 

suit)  ;  and  whereas  the  said    ,  by  petition  filed  on  the 

....  day  of ,  A.  D.  19.  .,  has  made  application  for  and  obtained  a 

writ  of  error  for  the  revision  and  correction  of  said  judgment :    You  are 

therefore  commanded  forthwith  to  summon  the  said 

to  be  and  appear  before  the  honorable  Court  of  Civil  Appeals  of  the 

Supreme  Judicial  District  of  the  State  of  Texas,  at  the  session 

thereof  to  be  holden  at  the  city  of in  the  county  of 

in  said  State,  within  sixty  days  from  the  date  of  the  service  of  this 
citation,  then  and  there  to  defend  said  writ  of  error. 


TEXAS  CIVIL  FORM  BOOK.  579 

Herein  fail  not,  but  of  this  writ  make  due  return  within days, 

showing  how  you  have  executed  the  same. 

Given  under  my  hand  and  official  seal  at  my  office  in Texas, 

this day  of ,  A.  D.  19.. 

(Seal.)  

Clerk Court County,  Texas. 

By ,  Deputy. 

R.  S.  Art.   1394    (1394). 


No.  703. 
ALIAS  CITATION  IN  ERROR  TO  COURT  OF  CIVIL  APPEALS. 

The  State  of  Texas.  To  the  Sheriff  or  any  Constable  of County- 
Greeting: 

Whereas,  on  the day  of ,  A.  D.  19. .,  a  judgment  was  ren- 
dered in  the Court  in  and  for County,  Texas,  for  the 

sum  of dollars  and  all  costs  of  suit,  in  favor  of 

against ,  in  a  certain  cause  pending  in  said  court,  num- 
bered   on  the  docket  thereof,  in  which  the  said was 

plaintiff  and  the  said was  defendant  (here  describe  the 

judgment  as  it  is  described  in  the  petition  for  writ  of  error);  and 

whereas  the  said has  filed  with  the  clerk  of  said 

Court,  on  the  ....  day  of ,  A.  D.  19 . .,  a  petition  for  writ  of  error 

for  the  revision  and  correction  of  said  judgment;  and  whereas  citation 
has  herein  been  once  (or  twice,  as  the  case  may  be)  heretofore  issued 
according  to  law  and  returned  not  executed  (or  not  returned,  as  the 
case  may  be) : 

You  are  therefore  commanded,  as  you  have  one  time  (or  twice,  as  the 

case  may  be)  before  been,  forthwith  to  summon  the  said to 

appear  and  defend  the  said  writ  of  error  before  the  said  Court  of  Civil 

Appeals  for  the Supreme  Judicial  District  within  sixty  days 

from  the  date  of  service  of  this  citation,  at ,  in  the  county 

of 

Herein  fail  not,  but  of  this  writ  make  due  return  within  ten  days 
(or  twenty  days,  if  the  defendant  resides  out  of  the  county),  showing 
how  you  have  executed  the  same. 

Witness ,  Clerk  of  the Court  in  and  for 

County. 

Given  under  my  hand  and  seal  of  said  court,  at  my  office  in , 

this  the day  of ,  A.  D.  19 .. 


Clerk  of  the Court,  County,  Texas. 

Issued  the  ....  day  of ,  A.  D.  19 . . 


Clerk  of  the Court, County,  Texas. 

R.  S.  Art.  1397    (1397). 


580  TEXAS  CIVIL  FORM  BOOK. 

SHERIFF'S  RETURN  ON  CITATION. 

Came  to  hand  this day  of ,  A.  D.  19. .,  at o'clock 

. .  m.,  and  executed  on  the  ....  day  of  .......  A.  D.  19 . .,  at , 

in County,  Texas,  by  delivering  to  the  within  named , 

in  person,  a  true  copy  of  this  writ.     The  distance  actually  traveled  in 
the  execution  of  such  process  is   miles. 


Sheriff County,  Texas. 

By ,  Deputy. 

Fees  —  Service,  $ ;  mileage, miles,  $ ;  total,  $ 

R.  S.  Art.   1395    (1395). 

If  the  defendant  in  error  is  a  nonresident  of  the  State,  or  if  it  appears 
from  the  return  of  the  sheriff  or  constable  that  he  cannot  be  found  in 
the  county  of  his  residence,  the  citation  shall  direct  the  officer  to  sum- 
mon the  defendant  by  making  service  on  his  attorney  of  record,  if  there 
be  one. 

R.  S.  Art.  1398  (1398). 


No.  704. 

COST  BOND  TO   COURT   OF   CIVIL  APPEALS. 

vs No In  the Court  of 

County,  Texas. 

Whereas,  in  the  above  styled  and  numbered  cause,  pending  in  the 

Court  of County,  and  at  a  regular  term  of  said  court, 

to  wit,  on  the  ....  day  of ,  A.  D.  19 .  .,  the  said 

recovered  judgment  against  the  said for  the  sum  of 

dollars,  with  interest  thereon  from  the  ....  day  of ,  A.  D.  19.  ., 

at  ....  per  cent  per  annum,  and  all  costs  of  suit  (and  whereas,  on  the 

....  day  of ,  A.  D.  19.  .,  a  motion  theretofore  filed  by  the  said 

praying  for  a  new  trial  was  overruled,  to  which  action  of 

the  court  the  said then  and  there  excepted  and  gave  notice 

•  of  appeal  to  the  Court  of  Civil  Appeals  of  the Supreme  Judicial 

District  at ),  from  which  judgment  (and  order)  the  said 

has  taken  an  appeal  (or  sued  out  a  writ  of  error,  as  the 

case  may  be)  to  the  Court  of  Civil  Appeals  for  the Supreme 

Judicial  District,  at ,  in  the  county  of : 

Now  therefore  we,   ,  as  principal,  and 

and .,  as  sureties,  acknowledge   ourselves  bound  to   pay 

the  sum  of dollars  (to  be  at  least  double  the  probable 

amount  of  the  costs  of  the  suit  in  the  Court  of  Civil  Appeals,  the  Supreme 
Court  and  the  court  below,  to  be  fixed  by  the  clerk  of  the  court  below), 


TEXAS  CIVIL  FORM  BOOK.  581 

conditioned  that  the  said ,  appellant  (or  plaintiff  in  error, 

as  the  case  may  be),  shall  prosecute  his  appeal  (or  writ  of  error,  as  the 
case  may  be),  with  effect,' and  shall  pay  all  the  costs  which  have  ac- 
crued in  the  court  below,  and  which  may  accrue  in  the  Court  6f  Civil 
Appeals  and  the  Supreme  Court. 

Witness  our  hands  this  the  ....  day  of ,  A.  D.  19. . 


Principal. 
Surety. 
Surety. 

I  have  fixed  the  probable  amount  of  the  costs  of  this  suit  in  the  Court 

of  Civil  Appeals,  the  Supreme  Court  and  the  court  below  at 

dollars,  and  approve  the  foregoing  bond,  this  the  ....  day  of , 

A.D.  19.. 


Clerk  of  the Court  of County,  Texas. 

R.  S.  Art.  1400   (1400). 

Appeal  bond  should  be  filed  within  twenty  days  after  the  expiration  of 
the  term.  If  the  term  of  the  court  may  by  law  continue  more  than  «ight 
weeks,  the  bond  or  affidavit  in  lieu  thereof  shall  be  filed  within  twenty 
days  after  notice  of  appeal  is  given,  if  the  party  taking  the  appeal  resides 
in  the  county,  or  thirty  days  if  he  resides  out  of  the  county. 
R.  S.  Art.  1387  (1387). 


No.  705. 

AFFIDAVIT   IN  LIEU   OF   APPEAL   BOND. 

vs.  ,  No.  ,  In  .  .  Court  of 


County,  Texas. 

Before  me,  the  undersigned  authority,  on  this  day  personally  appeared 

,  the  defendant  in  the  above  styled  and  numbered  cause, 

pending  (or  lately  pending)  in  the Court  of County, 

Texas,  who,  being  by  me  first  duly  sworn,  on  his  oath  says,  that  at  a 

regular  term  of  said  court,  to  wit,  on  the  ....  day  of ,  A.  P. 

19. .,  the  said ,  plaintiff  in  said  cause,  recovered  a  judg 

ment  against  him,  the  said ,  for  the  sum  of dollar?, 

with  interest  thereon  from  the  ....  day  of ,  A.  D.  19.  .,  at  the 

rate  of  ....  per  cent  per  annum,  and  all  costs  of  suit,  from  which  said 
judgment  he,  the  said ,  desires  to  prosecute  an  appeal  (or 


582  TEXAS  CIVIL  FORM  BOOK. 

writ  of  error,  as  the  case  may  be)  to  the  Court  of  Civil  Appeals  for  the 

Supreme  Judicial  District,  and  that  he  is  unable  to  pay  the 

costs  of  appeal  (or  writ  of  error,  as  the  case  may  be),  or  any  part  thereof, 
or  to  give  security  therefor. 

And  affiant  further  states,  on  his  oath  aforesaid,  that  he  resides  in 

Count}7,  Texas  (the  county  of  which  the  county  judge  taking 

the  proof  is  judge,  in  case  he  is  not  the  judge  of  the  court  wherein  th" 
judgment  appealed  from  was  rendered). 


Subscribed  and  sworn  to  before  me,  by ,  this  the  .... 

day  of ,  A.  D.  19.. 


Judge  of  the Court  of County,  Texas. 

R.  S.  Art.  1401    (1401). 

Such  proof  shall  be  made  before  the  county  judge  of  the  county  where 
such  party  resides,  or  before  the  court  trying  the  case,  and  shall  consist 
of  the  affidavit  of  the  party,  stating  his  inability  to  pay  the  costs.  Said 
affidavit  may  be  contested  by  any  officer  of  the  court  or  party  to  the  suit, 
whereupon  it  shall  be  the  duty  of  the  court  trying  the  case,  if  in  session, 
or  the  county  judge  of  the  county  in  which  the  suit  is  pending,  to  hear 
evidence  and  to  determine  the  right  of  the  party,  under  this  article,  to 
his  appeal. 

Order  of  court  must  show  that  same  was  made  in  session.  A.  Sidotas  v. 
Rapid  Transit  Ry.  Co.,  Texas  L.  Journal,  Vol.  3,  No.  4,  p.  464;  89  T.  77, 
Graves  v.  Horn. 


No.  706. 

SUPERSEDEAS  BOND. 

vs JSTo In  the Court  of 

County,  Texas. 


Whereas,  in  the  above  entitled  and  numbered  cause,  pending  in  the 

Court  of County,  Texas,  and  at  a  regular  term  of 

said  court,  to  wit,  on  the   ....   day  of   ,  A.  D.  19.  .,  the  said 

recovered  judgment  against  the  said for  the 

sum  of dollars,  with  interest  thereon  from  the  ....  day  of , 

A.  D.  19..,  at   ....   per  cent  per  annum,  and  all  costs  of  suit  (and 

whereas,  on  the  ....  day  of ,  A.  D.  19. .,  a  motion  theretofore 

filed  by  the  said praying  for  a  new  trial  was  overruled,  to 

which  action  of  the  court  the  said then  and  there  excepted 

and  gave  notice  of  appeal  to  the  Court  of  Civil  Appeals  of  the 

Supreme  Judicial  District,  at ),  from  which  judgment  (and 


TEXAS  CIVIL  FORM  BOOK.  583 

order)  the  said has  taken  an  appeal  (or  sued  out  a  writ  of 

error)  to  the  Court  of  Civil  Appeals  for  the Supreme  J  udicial 

District,  at ,  in  the  county  of : 

Now  therefore  we, ,  as  principal,  and and 

,  as  sureties,  acknowledge  ourselves  bound  to  pay  said 

the  sum  of dollars  (at  least  double  the  amount  of 

the  judgment,  interest  and  costs),  conditioned  that  the  said , 

appellant  (or  plaintiff  in  error,  as  the  case  may  be),  shall  prosecute  his 
appeal  (or  writ  of  error,  as  the  case  may  be),  with  effect,  and  in  case  the 
judgment  of  the  Supreme  Court  or  the  Court  of  Civil  Appeals  shall  be 
against  him,  he  shall  perform  its  judgment,  sentence  or  decree,  and  pay 
all  such  damages  as  said  court  may  award  against  him. 

Witness  our  hands  this  the  ....  day  of ,  A.  D.  19.  . 


Principal. 
Surety. 
Surety. 

I  have  fixed  the  probable  amount  of  the  costs  of  this  suit  in  the  Court 

of  Civil  Appeals,  the  Supreme  Court  and  the  court  below  at 

dollars,  and  approve  the  foregoing  bond. 

This  the day  of ,  A.  D.  19.  . 


Clerk  of  the Court  of County,  Texas. 

R.  S.  Art.  1404    (1404). 


No.  707. 

SUPERSEDEAS  BOND  FOR  LAND, 
vs.  .  No.  .  In  the  .  .  Court  of 


County,  Texas. 

Whereas,  in  the  above  styled  and  numbered  cause,  pending  in  the 

Court  of County,  Texas,  and  at  a  regular  term  of  said 

court,  to  wit,  on  the day  of ,  A.  D.  19.  .,  the  said 

recovered  judgment  against  the  said for  the  sum  of 

dollars,  with  interest  thereon  from  the  ....  day  of ,  A.  D.  19. ., 

at per  cent  per  annum,  and  all  costs  of  suit  (and  whereas,  on  the 

....  day  of ,  A.  D.  19.  .,  a  motion  theretofore  filed  by  the  said 

f  praying  for  a  new  trial,  was  overruled,  to  which  action  of 

the  court  the  said then  and  there  excepted  and  gave  notice 

of  appeal  to  the  Court  of  Civil  Appeals  of  the Supreme  Judicial 


584  TEXAS  CIVIL  FORM  BOOK. 

District,  at ),  from  which  judgment  (and  order)  the  said 

has  taken  an  appeal  (or  sued  out  a  writ  of  error,  as  the  case 

may  be)  to  the  Court  of  Civil  Appeals  for  the Supreme  Judicial 

District,  at ,  in  the  county  of : 

Now  therefore  we,  ,  as  principal,  and and 

,  as  sureties,  acknowledge  ourselves  bound  to  pay  said 

the  sum  of dollars  (at  least  double  the  amount  of 

the  judgment,  interest  and  costs),  conditioned  that  the  said , 

appellant  (or  plaintiff  in  error,  as  the  case  may  be),  shall  prosecute  his 
appeal  (or  writ  of  error,  as  the  case  may  be)  with  effect,  and  in  case  the 
judgment  of  the  Supreme  Court  or  the  Court  of  Civil  Appeals  shall  be 
against  him,  he  shall  perform  its  judgment,  sentence  or  decree,  and  pay 
all  such  damages  as  said  court  may  award  against  him;  and  that  said 

,  appellant  (or  plaintiff  in  error,  as  the  case  may  be), 

shall,  in  case  the  judgment  is  affirmed,  pay  the  said  , 

appellee  (or  defendant  in  error,  as  the  case  may  be),  the  value  of  the 
rent  or  hire  of  such  property,  in  any  suit  which  may  be  brought  therefor. 

Witness  our  hands  this  the  ....  day  of ,  A.  D.  19. . 


Principal. 
Surety. 
Surety. 

I  have  fixed  the  probable  amount  of  the  costs  of  this  suit  in  the  Court 

of  Civil  Appeals,  the  Supreme  Court  and  the  court  below  at 

dollars  and  approve  the  foregoing  bond,  this  the  ....   day  of   , 

A.  D.  19.. 


Clerk  of  the Court  of County,  Texas. 

R.  S.  Art.  1405  (1405). 

When  the  judgment  is  for  damages  as  well  as  for  land,  the  bond  must 
be  conditioned  as  required  in  article  1404  as  well  as  in  this  article. 


No.  708. 
SUPERSEDEAS   BOND   IN  ERROR. 

vs No In Court  of 

County,  Texas, Term,  A.  D.  19 .. 

Whereas,  in  the  above  entitled  and  numbered  cause,  pending  in  the 

Court  of County,  Texas,  at  a  regular  term  of  said 

court,  to  wit,  on  the  ....  day  of ,  A.  D.  19 .  .,  the  said 


TEXAS  CIVIL  FORM  BOOK.  585 

recovered  judgment  against  the  said for  the  sum  of 

dollars,  with  interest  thereon  from  the  ....  day  of ,  A.  D.  19. ., 

at  the  rate  of  ....  per  cent  per  annum,  besides  costs  of  suit,  and  the  said 

,  on  the day  of ,  A.  D.  19 . .,  filed  in  said 

court  his  petition  for  a  writ  of  error,  stating  that  he  desires  to  remove 
said  judgment  and  proceedings  to  our  Court  of  Civil  Appeals  for  the 
Supreme  Judicial  District  for  revision  and  correction : 

Now  therefore  we,  the  said ,  as  principal,  and 

and ,  as  sureties,  acknowledge  ourselves  bound  to  pay  to  the 

said the  sum  of dollars. 

Conditioned  that  the  said  ,  plaintiff  in  error,  shall 

prosecute  his  said  writ  of  error  with  effect,  and  in  case  the  judgment  of 
the  Supreme  Court  or  the  Court  of  Civil  Appeals  shall  be  against  him, 
that  he  shall  perform  its  judgment,  sentence  or  decree,  and  pay  all  such 
damages  as  said  court  may  award  against  him. 

Witness  our  hands  this  ....  day  of ,  A.  D.  19 . . 


Principal. 
Surety. 

Surety. 

1 

I  have  fixed  the  probable  amount  of  the  costs  of  this  suit  in  the  Court 

of  Civil  Appeals,  the  Supreme  Court  and  the  court  below  at 

dollars  and  approve  the  foregoing  bond,  this  the  ....  day  of , 

A.  D.  19.. 


Clerk  of  the Court, County,  Texas. 

By ,  Deputy. 

R.  S.  Art.  1404   (1404). 


No.  709. 
WRIT  OF   SUPERSEDEAS. 

The  State  of  Texas.     To  the  Sheriff  or  any  Constable  of County 

—  Greeting : 

Whereas,  on  the day  of ,  A.  D.  19. .,  in  cause  No , 

entitled vs in  the Court  of 

County,  judgment  was  rendered  in  said  court  in  favor  of  said  plaintiff 

and  against  said  defendant  for  the  sum  of dollars  and  all  costs  in 

that  behalf  expended,  and  to  enforce  the  collection  of  which  judgment 

the  clerk  of  said  court  did,  on  the  ....  day  of ,  A.  D.  19. .,  at  tho 

request  of  said  plaintiff,  issue  an  execution  against  the  property  of  said 


586  TEXAS  CIVIL  FORM  BOOK. 

defendant,  which  execution  is  now  in  the  hands  of ,  sheriff 

of County. 

And  whereas,  since  the  issuance  of  said  execution  on,  to  wit,  the  .... 

day  of ,  A.  D.  19.  .,  the  defendant  in  said  judgment  filed  in  this 

court  a  supersedeas  bond  in  said  cause: 

Therefore,  you  are  hereby  commanded  that  you  require  the  said 

,  sheriff  of  said  county  aforesaid,  to  suspend  all  further 

proceedings,  under  the  aforesaid  execution,  until  said  cause  is  finally 

determined  by  the (Supreme  or  Appellate  Court)  to  which  the 

same  has  been  appealed. 

Herein  fail  not,  but  of  this  writ  make  due  return  showing  how  you 
have  executed  the  same. 

Witness ,  Clerk  of  the Court  of 

County. 

Given  under  my  hand  and  seal  of  said  court,  at  office  in ,  on 

this  the day  of ,  A.  D.  19. . 


Clerk Court,   County,  Texas. 

By ,  Deputy. 

R.  S.  Art.  1406   (1406). 


No.  710. 

CLERK'S  CERTIFICATE  AND  INDORSEMENT  ON  TRANSCRIPT. 

CAPTION. 

The  State  of  Texas,  County  of 

At  a  term  of  the  district  (or  county)  court,  begun  and  holden  at 

,  within  and  for  the  county  of ,  before  the  Hon. 

,  and  ending  on  the  ....  day  of ,  A.  D.  19. .,  the 

f ollowing  case  came  on  for  trial,  to  wit : vs , 

No 

CERTIFICATE. 

The  State  of  Texas,  County  of 

I, ,  clerk  of  the  district  (or  county)  court  in  and  for  the 

county  of ,  hereby  certify  that  the  foregoing pages  con- 
tain a  true  and  correct  transcript  of  the  record  of  all  the  proceedings  had 
in  this  cause  (or  a  transcript  of  all  the  proceedings  in  this  cause,  except 

the  citation  and  return  thereon,  or  except (here  state  the  part 

omitted)  which  is  omitted  by  agreement  copied  in  the  transcript  (or  is 
a  true  and  correct  copy  of  the  proceedings  in  the  case,  except  the  plead- 
ings and  anything  else  not  included  in  the  agreed  case,  and  also  the 


TEXAS  CIVIL  FORM  BOOK.  587 

agreed  case  together  with  the  approval  of  the  judge),  as  the  same  appears 
of  record  and  now  on  file  in  my  office. 

To  certify  which,  witness  my  hand  and  seal  of  this  court  this  the 

day  of ,  A.  D.  19.. 

(Seal.)  

Clerk  of  the  District  Court, County,  Texas. 

INDORSEMENT. 

,  Appellant  (or  Plaintiff  in  Error) ,  Appel- 
lee (or  Defendant  in  Error).  From County. 

Applied  for  by on  the day  of ,  A.  D.  19. ., 

and  delivered  to (same  person)  on  the day  of , 

A.  D.  19.. 


Clerk  of  the  District  Court, County,  Texas. 

R.  S.  Art.  1416   (1416). 


No.  711. 

BRIEF. 
No 

IN  THE  COURT  OF  CIVIL  APPEALS  OF  TEXAS. 
For  the Supreme  Judicial  District,  at  ... 


. .,  Appellant  (or  Plaintiff  in  Error) 

vs. 
.,  Appellee  (or  Defendant  in  Error). 


From Court  of County. 


Brief  for  Appellant  (or  Plaintiff  in  Error) 

or 
Brief  for  Appellee  (or  Defendant  in  Error). 


STATEMENT    OF   THE    NATURE   AND  RESULT  OF   THE   SUIT. 

(The  appellant  or  plaintiff  in  error,  in  preparing  his  brief,  shall  make 
a  preliminary  statement  in  general  terms  of  the  nature  and  result  of  the 
suit,  such,  for  example,  as  the  following :  "  This  was  an  action  of  tres- 
pass to  try  title,  which  was  brought  by  the  appellant  against  the  appellee 
and  in  which  judgment  was  rendered  for  the  defendant."  This  may,  at 


588  TEXAS  CIVIL  FORM  BOOK. 

the  option  of  the  counsel  for  the  appellant  or  plaintiff  in  error,  be  fol- 
lowed by  a  brief  statement  of  the  case  and  such  other  matters  as  may  be 
deemed  proper  as  an  introduction  to  the  assignments  of  error,  as,  for 
instance,  among  other  things  as  follows :  Judgment  was  rendered  for 
the  plaintiff  for  the  land  in  controversy.  Motion  for  new  trial  was  filed, 

and  on  the  ....  day  of ,  A.  D.  19 .  .,  was  by  the  court  in  all  things 

overruled,  to  which  action  of  the  court  the  defendant  excepted,  and  in 
open  court  gave  notice  of  appeal  to  the  Court  of  Civil  Appeals  of  the 

Supreme  Judicial  District  and  filed  his  appeal  bond  as  required 

by  law.  And  this  cause  has  been  properly  brought  to  this  court  by 
appeal  (or  writ  of  error,  as  the  case  may  be). 

(The  appellee,  or  defendant  in  error,  may  acquiesce  in  appellant's 
statement  of  the  nature  and  result  of  the  suit  or  correct  that  part  of 
same  which  is  objectionable,  or  he  may  make  a  statement  of  the  nature 
and  result  of  the  suit,  as  required  by  the  appellant.) 

See  Rule  29. 

FIRST  ASSIGNMENT  OF  ERROR. 

(Here  copy  the  assignment  of  error,  and  give  the  subsequent  assign- 
ments as  they  appear  in  the  brief.) 

FIRST  PROPOSITION  UNDER  FIRST  ASSIGNMENT  OF  ERROR. 

(Here  state  the  proposition  of  law  raised  by  said  assignment,  or  if 
said  assignment  is  in  the  nature  of  a  proposition  of  law,  then  submit  it 
as  such,  thus :  "  First  Assignment  of  Error  Adopted  as  a  Proposition.") 

(Appellee's  brief,  the  counter  proposition  may  be  stated  thus:  First 
Counter  Proposition  to  First  Proposition  under  First  Assignment  of 
Error.  Appellee  must  here  state  the  proposition  of  law  contended  for 
by  him  under  said  assignment.) 

STATEMENT. 

(Here  make  a  statement  from  the  record  of  such  matters  as  are  neces- 
sary to  support  said  proposition,  giving  the  page  of  the  record  from  the 
transcript,  as Tr ) 

AUTHORITIES. 

(Here  give  the  authorities  relied  on  in  the  order  given  in  rule  36.) 

ARGUMENT. 

(Here  may  follow  the  argument,  or  a  separate  written  argument  may 
be  filed.) 

We  respectfully  submit  this  cause  upon  the  record  and  this  brief,  and 
pray  that  the  judgment  may  be  reversed  and  remanded  (or  rendered,  or 
affirmed,  as  the  case  may  be). 


Attorney  for ,  Appellant  (or  Appellee). 

Rules  29-44. 


TEXAS  CIVIL  FORM  BOOK.  589 

No.  712. 

NOTICE  OF  FILING  BRIEF. 

,  Appellant,  vs ,  Appellee.     No 

To ,  Appellee  in  the  above  entitled  cause,  or , 


Attorney  of  Eecord : 

You  are  hereby  notified  that  the  above  named  appellant,  on  the  .... 

day  of ,  A.  D.  19 . .,  filed  with  me  as  clerk  of  the Court 

of County,  Texas,  a  copy  of  his  brief,  which  has  been  by  m« 

deposited  with  the  papers  of  the  cause  with  the  date  of  the  filing  indorsed 
thereon. 

Given  under  my  hand  and  seal  of  said  court,  at  office  in , 

Texas,  this  the  ....  day  of ,  A.  D.  19 . . 


Clerk Court, County,  Texas. 

SHERIFF'S  RETURN  THEREON. 

Came  to  hand  this  ....  day  of ,  A.  D.  19. .,  at  ....  o'clock 

.  .m.,  and  executed  on  this  the  ....  day  of  ,  A.  D.  19. .,  by 

delivering  to  ,  at ,  in County,  Texas, 

attorney  of  record  for  the  within  named  appellee,  in  person  a  true  copy 
of  this  notice.  The  distance  traveled  in  the  execution  of  such  process 
is  ....  miles. 

Fees,  $ 


Sheriff County,  Texas. 

R.  S.  Art.  1417   (1416a). 

The  appellant  or  plaintiff  in  error,  not  less  than  five  days  before  the 
time  of  filing  the  transcript  in  the  Court  of  Civil  Appeals,  shall  file  with 
the  clerk  of  the  district  court  a  copy  of  his  brief,  which  shall  be  by  the 
clerk  deposited  with  the  papers  of  the  cause,  with  the  date  of  filing  in- 
dorsed thereon,  and  the  clerk  shall  forthwith  give  notice  to  the  appellee 
or  defendant  in  error,  or  his  attorney  of  record,  of  the  filing  of  such 
brief,  and  in  twenty  days  after  such  notice  the  appellee  or  defendant  in 
error  shall  file  a  copy  of  his  brief  with  the  clerk  of  said  court  below. 

On  or  before  the  day  fixed  for  the  hearing  of  the  cause,  four  copies  of 
the  brief  of  each  of  the  parties  required  to  be  filed  in  the  office  of  the 
clerk  of  the  trial  court  shall  be  filed  with  the  papers  in  the  cause  in  the 
office  of  the  clerk  of  the  Court  of  Civil  Appeals. 

Rule   4  la  C.  of  A. 


590  TEXAS  CIVIL  FORM  BOOK. 

No.  713. 
MOTION  TO  AFFIRM  ON  CERTIFICATE. 

Xo In  the  Court  of  Civil  Appeals, Supreme  Judicial 

District  of  Texas,  at 

,  appellant    (or  plaintiff  in  error)    vs , 

appellee   (or  defendant  in  error).     Appealed  from    County. 

Motion  of  appellee  (or  defendant  in  error.) 

Xow  comes   ,  appellee  (or  defendant  in  error),  in  the 

above  entitled  cause  pending  in  this  court,  and  says  that  the  appellant 
(or  plaintiff  in  error)  has  failed  to  file  a  transcript  of  the  record  of  this 
cause  in  this  court  as  directed  by  law,  as  is  fully  shown  by  certificate  of 
affirmance  on  file  in  this  court.  Wherefore  he  asks  that  the  judgment 
of  the  court  below  be  affirmed  on  certificate  by  this  court. 

Eespectfully  submitted, 


Counsel  for  Appellee  (or  Defendant  in  Error). 
Rule  C.  A.  44. 


No.  714. 
CERTIFICATE  OF  AFFIRMANCE. 

The  State  of  Texas,  County  of 

At  a  term  of  the  court,  begun  and  holden  at within  and  for 

the  county  of ,  before  the  Hon ,  judge  thereof, 

on  the  ....  day  of ,  A.  D.  19 . .,  and  ending  on  the  ....  day  of 

,  A.  D.  19 .  .,  the  following  cause  came  on  for  trial : , 

Plaintiff,  vs ,  Defendant.  No 

And  afterward,  to  wit,  on  the  ....  day  of ,  A.  D.  19  .  .,  a  judg- 
ment was  rendered  therein  by  said  court,  in  words  and  figures  as  follows: 
(here  copy  the  judgment.) 

(And  afterward,  to  wit,  on  the  ....  day  of ,  A.  D.  19.  .,  said 

filed  in  said  court  his  motion  for  a  new  trial  in  words  as 

follows (here  copy  the  motion),  which  said  motion  was  on  the 

....  day  of, ,  A.  D.  19.  .,  in  all  things  overruled.) 

And  afterward,  to  wit,  on  the  ....  day  of ,  A.  D.  19  . .,  said 

,  in  open  court,  gave  notice  of  appeal,  which  was  noted 

on  the  docket  and  entered  of  record  in  words  as  follows (here 

copy  the  entry). 

And  afterward,  to  wit,  on  the  ....  day  of ,  A.  D.  19  . .,  said 

filed  his  appeal  bond  in  words  and  figures  as  follows : 

(here  copy  appeal  bond  and  indorsements). 


TEXAS  CIVIL  FORM  BOOK.  591 

And  af terward,  to  wit,  on  the  . . .  f  day  of ,  A.  D.  19  . . ,  said 

filed  his  appeal  bond  in  words  and  figures  as  follows : 

(here  copy  petition  for  writ  of  error  and  the  bond  with  their 

indorsements). 

And  afterward,  to  wit,  on  the  ....  day  of ,  A.  D.  19. .,  the 

clerk  of  said  court  issued  a  citation  in  error,  which  was  duly  served 
upon  defendant  in  error,  which,  with  the  return  thereon,  is  in  words 

and  figures  as  follows: (here  copy  the  citation  in  error  and 

the  return  thereon). 

[In  cases  appealed  from  a  court,  wherein  the  judgment  rendered  is 
not  sufficient  in  amount  to  confer  jurisdiction  upon  such  court,  such 
portion  of  the  record  should  be  included  in  the  certificate  as  will  serve 
to  show  that  such  court  had  jurisdiction  over  the  subject  matter  of 
litigation,  as  follows:  That  the  plaintiff's  petition  in  this  cause  is  in 

words  as  follows:  (here  copy  the  petition)  or  this  cause 

originated  in  a  justice  of  the  peace  court  and  the  original  citation  and 
statement  of  plaintiff's  cause  of  action  and  the  transcript  on  appeal 

therefrom  are  in  words  and  figures  as  follows :  (here  copy 

citation  and  transcript  on  appeal).] 

The  State  of  Texas,  County  of 

I ,  clerk  of  the  court  of County,  Texas,  hereby 

certify  that  the  foregoing  ....  pages  contain  a  true  and  correct  copy 
of  the  judgment  (motion  for  new  trial,  if  made),  notice  of  appeal,  appeal 
bond  (petition  and  bond  for  writ  of  error,  and  citation  and  return 
thereon),  (original  petition,  or  original  citation  and  transcript  on  ap- 
peal) in  a  certain  cause  determined  in  said  court,  numbered  ....  on 

the  docket  thereof,  wherein is  plaintiff  and 

ig  defendant. 

Witness  my  hand  and  the  seal  of  said  court  this  the  ....  day  of , 

A.  D.  19.. 

(Seal.)  

Clerk  of  the  District  Court  of County,  Texas. 

Indorsement:  ,  Appellant  (or  Plaintiff  in  Error). 

,  Appellee  (or  Defendant  in  Error).  From  

County. 

Applied  for  by on  the  ....  day  of ,  A.  D.  19 . ., 

and  delivered  to (same  person)  on  the  ....  day  of , 

A.  D.  19.. 


Clerk  of  the  District  Court  of County,  Texas. 

R.  S.  Art.  1016. 

The  transcript  shall  be  filed  with  the  clerk  of  the  Court  of  Civil 
Appeals  within  ninety  days  from  the  perfecting  of  the  appeal  or  service 
of  the  writ  of  error;  provided,  that  for  good  cause  the  court  may  permit 
the  transcript  to  be  thereafter  filed  upon  such  terms  as  it  may  prescribe. 

B    vS.  Art.  1015. 


592  TEXAS  CIVIL  FORM  BOOK. 

No.  715. 

NEW  APPEAL  BOND. 

vs No In  the  District  Court  of 

County,  Texas. 

Whereas,  in  the  above  styled  and  numbered  cause,  pending  in  the  Dis- 
trict Court  of  County,  and  at  a  regular  term  of  said  court, 

to  wit,  on  the  ....  day  of ,  A.  D.  19 .  .,  the  said 

recovered  judgment  against  the  said for  the  sum  of 

dollars,  with  interest  thereon  from  the  ....  day  of ,  A.  D.  19. ., 

at  ....  per  cent  per  annum,  and  all  costs  of  suit  (and  whereas,  on  the 

....   day  of   ,  A.  D.   19..,  a  motion  theretofore  filed  by  the 

said  ,  praying  for  a  new  trial  was  overruled,  to  which 

action  of  the  court  the  said  then  and  there  excepted 

and  gave  notice  of  appeal  to  the  Court  of  Civil  Appeals  of  the 
Supreme  Judicial  District  at  ),  from  which  judg- 
ment (and  order)  the  said has  taken  an  appeal  (or  sued 

out  a  writ  of  error,  as  the  case  may  be)  to  the  Court  of  Civil  Appeals 

of  the Supreme  Judicial  District,  at ,  in  the  county 

of ;  and  whereas,  on  the  ....  day  of ,  A.  D.  19 . .,  the 

said filed  an  appeal  (or  writ  of  error)  bond  in  the  said 

cause,  which  was  on  the  ....  day  of ,  A.  D.  19 .  .,  on  motion  of 

the  said  ,  appellee   (or  defendant  in  error),  held  by  the 

Court  of  Civil  Appeals  of  the Supreme  Judicial  District  to  be 

defective  in  substance  (or  which  bond  is  conceded  to  be  defective  in 
substance);  and  whereas,  said  Court  of  Civil  Appeals  made  and  en- 
tered an  order  allowing  and  permitting  the  said ,  ap- 
pellant (or  plaintiff  in  error),  ....  days  from  the  date  of  said  order 
within  which  to  file  a  new  appeal  (or  writ  of  error)  bond  conditioned  as 
required  by  law: 

Now  therefore  we,    ,  as  principal,  and    

and    ,  as  sureties,  acknowledge  ourselves  bound  to  pay 

the  sum  of    dollars,  conditioned  that  the  said 

,   appellant    (or  plaintiff  in  error),   shall   prosecute  his 

appeal  with  effect,  and  shall  pay  all  the  costs  which  have  accrued  in  the 
court  below,  and  which  may  accrue  in  the  Court  of  Civil  Appeals  and 
the  Supreme  Court. 

Witness  our  hands  this  the  ....  day  of ,  A.  D.  19 . . 

Principal. 
Surety. 
Surety. 


TEXAS  CIVIL  FORM  BOOK.  593 

I  have  fixed  the  probable  amount  of  the  costs  of  this  suit  in  the  Court 

of  Civil  Appeals,  the  Supreme  Court  and  the  court  below  at   

dollars,  and  approve  the  foregoing  bond,  this  the  ....  day  of , 

A.  D.  19.. 


Clerk  of  the  District  Court  of County,  Texas. 

R.  S.  Art.  1025. 


No.  716. 

MOTION  FOR  REHEARING  IN  THE  COURT  OF  CIVIL  APPEALS. 
IN  THE    COUBT  OF   ClVIL   APPEALS. 

For  the Supreme  Judicial  District,  at 


. .,  Appellant  (or  Plaintiff  in  Error) 

vs. 
.,   Appellee   (or  Defendant   in   Error). 


Appeal  from  the  District  Court  of County,  Texas. 


APPLICATION    FOR   REHEARING. 

Now  comes  the  appellant  (or  plaintiff  in  error,  as  the  case  may  be) 

(or  appellee,  or  defendant  in  error)  ,  in  the  above  styled 

and  numbered  cause,  and  moves  the  court  to  set  aside  the  judgment 
heretofore  rendered  in  this  cause  affirming  (or  reversing  and  remanding 
or  rendering,  as  the  case  may  be)  the  judgment  of  the  court  below,  and 
to  grant  a  rehearing,  and  reverse  (or  affirm)  the  judgment  of  the  court 
below  for  the  following  reasons,  to  wit : 

First.  Because  the  court  erred (here  state  the  error  com- 
plained of  by  appellant  (or  appellee)  against  the  Court  of  Civil  Appeals). 

Statement.  (Here -make  a  statement  from  the  record  of  such  matters 
as  tend  to  sustain  the  contention  made.) 

Authorities.  (Here  state  the  authorities  relied  on.) 

Remarks.  (Here  may  follow  such  an  argument  on  the  proposition  as 
the  counsel  may  desire  to  make.) 

Second.  Etc. 

Appellant  (or  appellee)  represents  that ,  who  resides  in 

County,  Texas,  is  the  attorney  of  record  of  the  appellee  (or 

appellant),  (or  if  unknown,  give  the  name  and  residence  of  the  opposing 
.  party  as  shown  by  the  record). 

Wherefore  appellant  (or  appellee)  prays  that  notice  according  to  law 
be  given  of  this  application,  and  that,  on  hearing  hereof,  the  judgment 
Form  Book  —  38. 


594  TEXAS  CIVIL  FORM  BOOK. 

affirming  (or  reversing)  the  cause  heretofore  rendered  herein  be  set 
aside  and  a  rehearing  granted,  and  that  further  proceedings  be  had 
herein  as  prayed  for  in  appellant's  (or  appellee's)  original  brief. 


Attorney  for ,  Appellant  (or  Appellee). 

Postoffice :   ,  Texas. 

R.  S.  Art.  1030, 

Said  motion  may  be  filed  within  fifteen  days  after  the  date  of  entry 
of  the  judgment  or  decision  of  the  court  or  the  filing  of  the  findings  of 
fact  and  conclusions  of  law. 


No.  717. 

PETITION  FOR  WRIT  OF  ERROR  TO  SUPREME  COURT. 
IN   THE  SUPREME   COURT  OF  THE   STATE  OF   TEXAS. 

. ,  Plaintiff  in  Error,  versus   ,  Defendant  in 


Error. 

Appeal  from  the  District  Court  of County,  Texas.    Judgment 

reversed  and  the  cause  remanded  by  the  Court  of  Civil  Appeals  for 

Supreme  Judicial  District,  at ,  and  appellee's  motion 

for  rehearing  overruled. 

APPLICATION    FOR    WRIT    OF   ERROR. 

To  the  Honorable  Supreme  Court  of  the  State  of  Texas: 

Your  petitioner,  ,  respectfully  represents  that,  in  the 

above  styled  and  numbered  cause,  on  the  ....  day  of ,  A.  D.  19. ., 

the  Court  of  Civil  Appeals,  at ,  reversed  and  remanded  said 

cause  and  thereafter,  in  due  time,  your  petitioner  filed  his  application 
for  a  rehearing  in  said  Court  of  Civil  Appeals,  which  application  was 
thereafter  by  the  said  court  overruled  and  denied. 

Petitioner  further  represents  to  the  court  that  the  said  judgment  of 
the  Court  of  Civil  Appeals  practically  settles  the  case,  as  will  appear  to 
this  honorable  court  from  the  following  statement  of  the  case : 

The  petition  charges,  in  substance  (here  state  the  substance  of  the 
petition,  or  the  issues  in  the  case  as  raised  in  the  pleadings). 

The  trial  resulted  in  a  verdict  and  judgment  (here  state  the  result 
of  the  trial). 

The  defendant  appealed,  and  the  Court  of  Civil  Appeals  held  as 
follows :  (here  state  the  holding  of  the  court). 

The  witness  (here  state  such  portion  of  the  evidence  in  the  case  as  will 
show  that  the  Court  of  Civil  Appeals  erred  in  matter  of  law). 


TEXAS  CIVIL  FORM  BOOK.  595 

The  evidence  relied  upon  by  the  defendant  for  the  purpose  of  showing 
(here  state  substance,  as  above,  to  show  error  of  law). 

Your  petitioner  now  applies  to  the  Supreme  Court  for  a  writ  of  error 
to  the  end  that  said  court  may  review  the  said  cause  and  the  action  of 
the  Court  of  Civil  Appeals  therein,  and  correct  such  action,  and  as 
reasons  and  grounds  for  the  granting  of  such  writ  of  error,  your  peti- 
tioner assigns  the  following  errors  committed  by  the  Court  of  Civil  Ap- 
peals in  reversing  said  judgment  and  remanding  said  cause,  and  in 
refusing  a  rehearing,  to  wit: 

First.  The  Court  of  Civil  Appeals  erred  in  (here  state  the  error); 
because  (here  state  the  reasons). 

Statement  from  the  Record.  (Here  make  such  statement  as  appears 
proper  from  the  record.) 

Authorities.  (Here  cite  the  authorities.) 

Remarks.     (Here  may  follow  an  argument.) 

Your  petitioner  represents  that ,  who  resides  in 

County,  Texas,  is  the  attorney  of  record  of  the  appellant. 

Wherefore  petitioner  prays  for  a  writ  of  error  in  said  cause  to  the 
end  that  said  cause  may  be  brought  before  this  court,  and  the  aforesaid 
errors  reviewed  and  corrected. 


Attorney  for  Plaintiff  in  Error. 
Postoffice:     ,  Texas. 

R.  S.  Art.  942   (lOllb). 
Rule  1. 

The  petition  shall  be  filed  with  the  clerk  of  the  Court  of  Civil  Appeals 
within  thirty  days  from  the  overruling  of  the  motion  for  rehearing. 


No.  718. 

BOND,  WHEN  REQUIRED. 
.,  Plaintiff  in  Error,  vs ,  Defendant  in  Error. 


No In  the  Supreme  Court  of  the  State  of  Texas. 

Whereas  in  the  above  styled  and  numbered  cause  pending  in  the 
Supreme  Court  of  the  State  of  Texas,  and  at  a  regular  term  of  said 

court,  to  wit,  on  the day  of ,  A.  D.  19 . .,  the  said  . . . , 

plaintiff  in  error,  having  theretofore  filed  an  application  in  said  court 
for  a  writ  of  error  to  review  a  judgment  of  the  Court  of  Civil  Appeals 
of  the Supreme  Judicial  District  of  Texas,  at ,  re- 
versing and  remanding  (or  affirming)  a  certain  cause  then  pending  in 

said   Court  of  Civil  Appeals,  wherein was  appellant  (or 

plaintiff  in  error)  and was  appellee  (or  defendant  in  error) ; 


596  TEXAS  CIVIL  FORM  BOOK. 

and  whereas  the  said ,  plaintiff  in  error,  in  said  Supreme 

Court,  has  given  no  appeal  (or  writ  of  error)  bond  in  this  cause;  and 
whereas  the  said  Supreme  Court,  by  an  order  made  and  entered  of  record, 

on  the day  ........  A.  D.  19. .,  specified  that  the  plaintiff  in  error, 

as  a  condition  precedent  to  his  right  to  have  said  writ  of  error  granted, 
should  enter  into  bond  in  the  sum  of dollars : 

Now  therefore  we,  ,  plaintiff  in  error,  as  principal, 

and and ,  as  sureties,  acknowledge  ourselves 

bound  to  pay the  sum  of dollars,  conditioned  that 

the  said ,  plaintiff  in  error,  shall  prosecute  L:s  writ  of 

error  with  effect,  and  shall  pay  all  the  costs  which  have  accrued  in  the 
court  below,  and  which  have  accrued  in  the  Court  of  Civil  Appeals  and 
which  may  accrue  in  the  Supreme  Court. 

Witness  our  hands  this  the  .  . .  ..day  of ,  A.  D.  19.  . 


Principal. 
Surety. 
Surety. 

This  bond  is  approved  and  filed  this  the  ....  day  of ,  A.  D. 

19.. 


Clerk  of  the  District  Court  of County,  Texas. 

R.  S.  Art.  942   (lOllb). 

Said  bond  shall  be  filed  in  the  trial  court,  to  be  approved  by  the  clerk 
of  said  court,  and  a  certified  copy  thereof  shall  be  at  once  transmitted  to 
the  Supreme  Court. 


No.  719. 

AFFIDAVIT    OF   INABILITY  TO   PAY  COSTS  AND   MOTION  TO   RETURN 

MANDATE. 

No In  the  Court  of  Civil  Appeals,  Supreme  Judicial 

District  of  Texas,  at  ........ 

,  Appellant  (or  Plaintiff  in  Error)  vs ,  Ap- 
pellee (or  Defendant  in  Error).     Appealed  from County. 

Affidavit  and  motion  of  appellee  (or  defendant  in  error). 

Now  comes ,  appellee  (or  defendant  in  error)  in  the 

above  entitled  cause,  lately  pending  in  this  court,  who,  being  duly  sworn, 
upon  his  oath  says,  that  he  is  unable  to  pay  the  costs  adjudged  against 
him  upon  the  rendition  of  final  judgment  herein,  or  any  part  thereof, 
or  give  security  therefor. 


TEXAS  CIVIL  FORM  BOOK.  597 

Wherefore  he  prays  the  court  for  an  order  to  require  the  clerk  of  this 
court  to  issue  mandate  in  this  cause  to  the  court  below,  etc. 


Subscribed  and  sworn  to  before  me,  by ,  this  the  .... 

day  of ,  A.  D.  19.. 

(Seal.)  

(Official  Character). 

R.  S.  Art.  97C   (1050). 


No.  720. 

PETITION  FOR  REMOVAL  OF  A  CASE  TO  THE  UNITED  STATES  CIRCUIT 
COURT  ON  THE  GROUND  OF  CITIZENSHIP. 

,  Plaintiff,  vs ,  Defendant.     No In 

District  Court  of County,  Texas. 

To  the  Honorable  District  Court  of  said  County : 

Now  comes  your  petitioner  and  respectfully  shows  to  the  court,  that 
the  matter  and  amount  in  dispute  in  the  above  entitled  cause  exceeds  the 
sum  or  value  of  $2,000,  exclusive  of  interest  and  costs.  That  the  con- 
troversy in  said  suit  is,  and  at  the  time  of  the  commencement  of  this 
suit  was,  between  citizens  of  different  States,  and  that  your  petitioner, 
the  defendant  in  the  above  entitled  and  numbered  suit,  was  at  the  time 
of  the  commencement  of  this  suit,  and  still  is,  a  resident  of  and  a  citizen 

of  the  city  of ,  in  the  county  of ,  in  the  State  of 

,  and  a  nonresident  of  the  State  of  Texas,  and  that  the  plain- 
tiff,   ,  was  then,  and  still  is,  a  resident  and  citizen  of  the 

county  of ,  in  the  State  of  Texas. 

And  your  petitioner  further  shows  to  the  court  that  the  time  within 
which  defendant  is  required  by  the  laws  of  the  State  of  Texas,  or  the 
rule  of  said  court  in  which  this  suit  is  brought,  to  answer  or  plead  to  the 
declaration  or  complaint  of  the  plaintiff,  has  not  yet  expired,  and  your 
petitioner  offers  herewith  bond,  with  good  and  sufficient  surety,  for  his 

entering  in  the  Circuit  Court  of  the  United  States  for  the 

District  of  Texas,  at ,  on  the  first  day  of  its  next  session,  a  copy 

of  the  record  in  this  suit,  and  for  paying  all  costs  that  may  be  awarded 
by  said  circuit  court,  if  said  court  shall  hold  that  this  suit  was  wrong- 
fully or  improperly  removed  thereto. 

Wherefore  defendant  prays  this  honorable  court  to  proceed  no  further 
herein,  except  to  make  the  order  of  removal  required  by  law,  and  to 
accept  the  said  surety  and  bond,  and  to  cause  the  record  herein  to  be 
removed  into  said  Circuit  Court  of  the  United  States  in  and  for  the 

district,  at ,  and  as  in  duty  bound  he  will  ever  pray. 

,  Petitioner. 

,  Attorney  for  Petitioner. 


598  TEXAS  CIVIL  FORM  BOOK. 

The  State  of  Texas,  County  of 

,  being  duly  sworn,  on  his  oath  says  that  he  is  the 

defendant  in  the  above  entitled  and  numbered  cause,  and  has  carefully 
read  over  the  above  and  foregoing  petition,  and  knows  the  contents 
thereof,  and  that  the  statements  therein  contained  are  true. 


Sworn  to   and  subscribed  before   me,  this  the  ....  day   of 
A.  D.  19 . . 
(Seal.)  


No.  721. 

PETITION  FOR   REMOVAL   WHERE   THERE   IS   A   SEPARABLE   CONTRO- 
VERSY WHICH  IS  WHOLLY  BETWEEN  CITIZENS 
OF  DIFFERENT  STATES. 

vs No In  District  Court  of 

County,  Texas. 

To  the  Honorable  District  Court  of  said  County: 

Now  comes  your  petitioner, ,  and  respectfully  represents 

to  the  court  that  he  is  one  of  the  defendants  in  the  above  entitled  and 
numbered  cause,  and  that  the  matter  and  amount  in  dispute  exceeds  the 
sum  or  value  of  $2,000,  exclusive  of  interest  and  costs. 

And  your  petitioner  shows  to  this  court  that  said  suit  is  of  a  civil 
nature,  and  there  is  in  said  suit  a  controversy  which  is  wholly  between 
citizens  of  different  States,  and  which  can  be  fully  determined  as  be- 
tween them,  to  wit :  between ,  the  plaintiff,  who  is  and  was 

at  the  time  of  the  commencement  of  this  suit  a  citizen  of  the  State  of 

,  and  your  petitioner, ,  who  is  and  was  at  the  time 

of  the  commencement  of  this  suit,  a  citizen  of  the  State  of 

And  your  petitioner  further  shows  to  the  court  that  said  controversy 

is  of  the  following  nature,  to  wit (here  set  out  the  nature  of 

the  controversy,  and  show  the  separate  part  of  it,  and  how  it  can  be 
fully  determined  between  the  parties  named  in  this  petition). 

And  your  petitioner  also  shows  to  the  court  that  the  said  plaintiff  and 
your  petitioner  are  both  actually  interested  in  said  controversy ;  that  the 
time  within  which  this  defendant  is  required  by  the  laws  of  the  State  of 
Texas,  or  the  rule  of  said  court  in  which  this  suit  is  brought,  to  answer 
or  plead  to  the  declaration  or  complaint  of  the  plaintiff,  has  not  yet 
expired,  and  your  petitioner  offers  herewith  bond,  with  good  and  suffi- 
cient surety,  for  his  entering  in  the  Circuit  Court  of  the  United  States 

for  the District  of  Texas,  at ,  on  the  first  day  of  its 

next  session,  a  copy  of  the  record  in  this  suit,  and  for  paying  all  costs 


TEXAS  CIVIL  FORM  BOOK.  599 

that  may  be  awarded  by  said  circuit  court,  if  said  court  shall  hold  that 
this  suit  was  wrongfully  or  improperly  removed  thereto. 

Wherefore  defendant  prays  this  honorable  court  to  proceed  no  further 
herein,  except  to  make  the  order  of  removal  required  by  law,  and  to 
accept  the  said  surety  and  bond,  and  to  cause  the  record  herein  to  be 
removed  into  said  Circuit  Court  of  the  United  States  in  and  for  the 

District,  at ,  and  as  in  duty  bound  he  will  ever  pray. 

,  Petitioner. 

(Add  verification,  as  in  preceding  form.) 


No.  722. 

BOND  FOR  REMOVAL  TO  UNITED  STATES  COURT. 
The  State  of  Texas,  County  of 

Know  all  men  by  these  presents,  that  I, ,  as  principal, 

and and  ,  as  sureties,  are  held  and  firmly 

bound  unto in  the  sum  of dollars,  for  the  payment 

.  of  which,  well  and  truly  to  be  made,  we  do  jointly  and  severally  bind 
ourselves,  our  heirs,  legal  representatives  and  assigns,  firmly  by  these 
presents. 

The  condition  of  the  above  bond  is  as  follows:  That,  whereas,  the 

above  bounden, ,  has  filed  his  petition  in  the  District  Court 

in  and  for  the  county  of ,  State  of  Texas,  for  the  removal  to 

the  Circuit  Court  of  the  United  States,  in  and  for  the District 

of  Texas,  at ,  of  a  certain  cause  pending  in  said  State  Court 

No on  the  docket  thereof,  wherein  the  said is  plain- 
tiff, and  the  said is  defendant. 

Now,  if  the  said shall  enter  in  the  said  Circuit  Court  of 

the  United  States,  on  the  first  day  of  its  next  session,  a  copy  of  the 
record  in  said  suit,  and  shall  well  and  truly  pay  all  costs  that  may  be 
awarded  by  said  Circuit  Court  of  the  United  States,  if  said  court  shall 
hold  that  said  suit  was  wrongfully  or  improperly  removed  thereto,  then 
this  obligation  shall  be  void,  otherwise  to  remain  in  full  force  and  virtue. 

Witness  our  hands  and  seals  this    ....  day  of ,  A.  D.  19.  . 

(Seal.)  

Sufficiency  of  the  bond  is  a  question  for  the  court  and  not  of  its  clerk. 


600  TEXAS  CIVIL  FORM  BOOK. 

No.  723. 

ORDER  OF  REMOVAL  FROM  STATE  COURT  TO  UNITED  STATES  COURT. 

vs No In  District  Court  of 

County,   Term,  A.  D.  19.. 

Now  on  this  the  ....  day  of ,  A.  D.  19 . ,,  came 

and  presents  herein  his  petition  for  removal  of  this  cause  to  the 

Court  of  the  United  States  for  the District  of  Texas,  and  this 

circuit  and  district,  and  also  his  bond,  conditioned  according  to  law,  and 
it  is  now  ordered  that  said  petition  and  bond  be  filed  and  said  bond  be 
accepted  and  approved,  and  this  court  will  proceed  no  further  herein, 

the  said  cause  being  removed  to  the Court  of  the  United  States 

for  the District  of  Texas,  by  virtue  of  said  petition  and  bond. 


No.  724. 

PROOF  OF  HEIRSHIP. 

The  State  of  Texas,  County  of 

Before  me,  the  undersigned  authority,  on  this  day  personally  appeared 
and each  known  to  me  to  be  credible  per- 
sons, each  being  by  me  duly  sworn  upon  his  oath  says  that  he  was  per- 
sonally and  well  acquainted  with and  his  wife, 

during  their  lifetime ;  that  they  lived  together  as  husband  and  wife  until 

the  death  of  the  said ;  that  the  following  children,  only, 

were  born  of  said  marriage,  to  wit : , and , 

all  of  whom  are  now  living ;  that  the  said  departed  this 

life  in County,  Texas,  on  or  about  the  ....  day  of ,  A. 

D.  19.  .,  intestate,  leaving  his  wife,  ,  and  the  following 

children  surviving  him,  to  wit : ,  and 

,  his  only  surviving  heirs  at  law. 

That  departed  this  life  in  County,  Texas, 

intestate,  on  or  about  the  ....  day  of ,  A.  D.  19.  .,  leaving  the 

following  children,  her  only  surviving  heirs  at  law,  to  wit: , 

and  That  affiants  were  each  personally 

and  intimately  acquainted  with  the  said and , 

and  their  said  children,  and  no  other  issue  were  born  of  said  marriage, 

except  as  above  named,  and  that  the  said did  not  remarry 

after  the  death  of  her  said  husband, 

That , and are  all  and  the 

only  surviving  heirs  at  law  of  the  said and 


Sworn  to  and  subscribed  before  me,  under  my  official  hand  and  seal, 

Ihis day  of ,  A.  D.  19.  .  

Notary  Public  in  and  for County,  Texas. 


TEXAS  CIVIL  FORM  BOOK.  601 

FORMS   FOR  THE  INCORPORATION   OF  INDEPENDENT   SCHOOL 

DISTRICTS. 

FOREWORD. 
I. 

The  statutory  provisions  governing  the  incorporation  of  towns  and 
villages  for  free  school  purposes  only,  are  Articles  616a  and  580  to  586 
of  Sayles'  Texas  Civil  Statutes,  and  sections  149  to  152  of  chapter  124, 
General  Laws  of  Regular  Session  of  Twenty-ninth  Legislature  (same 
numbered  sections  of  The  School  Laws,  compilation  of  1905). 

Before  instituting  proceedings  to  incorporate,  READ  CAREFULLY  the 
following  forms  and  notes: 

II. 

•       As    SOOX    AS    THE    BOARD    OF   TRUSTEES    HAVE    ORGANIZED,    they    should 

send  to  the  State  Superintendent  of  Public  Instruction  a  record  of  the 
incorporation  proceedings,  containing: 

1.  A  certified  copy  of  the  petition  (Form  1)  and  the  attached  map, 
to   which    copy    must   be    attached    the   county    surveyor's   certificate 
(Form  2). 

2.  A  certified  copy  of  the  election  order  (Form  3). 

3.  A  certified  copy  of  the  election  notice  (Form  4)  with  the  attached 
affidavit  (Form  5). 

4.  A  certified  copy  of  the  returns  of  the  election  on  incorporation 
(Form  6)  and  of  the  election  for  trustees  (Form  7). 

5.  A  certified  copy  of  the  order  declaring  the  result  of  the  elections 
(Form  8). 

6.  The  certificate  of  the  county  judge  (Form  9)  — the  original,  not  a 
copy;  and 

7.  The  certificates  as  to  incorporation  of  the  town  for  municipal  pur- 
poses—  if  it  ever  was  incorporated  (Form  10). 

This  record  will  be  submitted  to  the  Attorney-General  for  his  opinion 
upon  the  legality  of  the  incorporation,  -and  the  State  Superintendent  will 
promptly  advise  the  trustees  of  the  Attorney-General's  opinion. 

The  record  will  be  retained  by  the  Attorney-General  and  the  trustees 
will  not  be  required  to  furnish  another  record  should  they  later  desire 
to  issue  bonds. 

All  of  the  copies  and  certificates  should  be  accurately  made  and  cer- 
tified and  plainly  written.  Preferably,  they  should  be  typewritten. 


602  TEXAS  CIVIL  FORM  BOOK. 

No.  725. 

(i)     PETITION  FOR  ELECTION  TO  INCORPORATE. 

(Form  No.  1.) 

To  Hon ,  County  Judge  of County,  Texas : 

We,  your  petitioners,  respectfully  represent: 

1.  That  we  are  residents  of  the  town  of in  said  county  of 

(a) ;  that  we  have  resided  in  said  town  for  more  than  six 

months,  and  that  we  are  qualified  voters  of  said  town  under  the  provi- 
sions of  chapter  11,  title  18,  of  the  Revised  Statutes  of  1895; 

2.  That  said  town  of has  two  hundred  inhabitants  or  over, 

to  wit:  about hundred  inhabitants  (b) ; 

3.  That  said  town  is  not  incorporated  (c)  for  municipal  purposes  and 
has  never  assumed  control  of  the  public  schools  within  its  limits; 

4.  That  the  inhabitants  of  said  town  desire  that  said  town  shall  form 
an  incorporation  for  free  school  purposes  only,  within  the  boundaries 
hereinafter  described  by  metes  and  bounds,  under  Article  616a  of  the 
Revised  Statutes  of  1895,  as  amended  by  Chapter  45  of  the  Acts  of  the 
Twenty-fifth   Legislature    (General   Laws   of   1897),   to   be  known  as 
" (d)  Independent  School  District;  " 

5.  That  the  territory  proposed  to  be  so  incorporated  is  described  by 
rnetes  and  bounds  as  follows :  (e) 

Beginning  in  said county  at 


6.  That  said  territory  is  situated    (f),   and  includes 

within  its  bounds  the  said  town  of ; 

7.  That  said  territory  is  laid  out  in  a  square  as  near  as  is  practicable 
with  reference  to  the  location  of  the  school  building  therein  (g)   and 
does  not  exceed  an  area  of  twenty-five  square  miles.     A  plat  of  said 
territory  accompanies  this  petition  as  a  part  hereof  (h). 

Wherefore  we  pray  that  an  election  be  ordered  within  said  town  for 
the  purpose  of  determining  if  said  town  shall  form  an  incorporation 
for  free  school  purposes  only  within  the  boundaries  above  set  out;  and 

We  further  pray  that  an  election  be  ordered  to  be  held  at  the  same 
time  designated  for  holding  the  election  above  petitioned  for,  for  the 
election  of  a  board  of  trustees  for  said  independent  school  district,  as 
provided  in  Sections  162  et  seq.,  of  Chapter  124  of  the  General  Laws 
of  the  Regular  Session  of  the  Twenty-ninth  Legislature. 


TEXAS  CIVIL  FORM  BOOK.  603 

NOTES. 

(a)  The  petition  must  be  signed  by  at  least  twenty  qualified  voters  who  are 
residents  of  the  town  proper, —  not  merely  residents  in  the  territory  proposed  to 
be  incorporated. 

(b)  The  town  proper  must  have  200  inhabitants  or  over.     It  is  not  enough 
that  the  proposed  district  has  that  population. 

(c)  If  the  town  is  incorporated,  omit  this  paragraph    (No.  3)    and  instead 
say: 

"  That  said  town  is  incorporated  for  municipal  purposes  as  a  town  or  village 
under  the  general  laws  of  the  State,  but  has  never  assumed  control  of  the  public 
schools  within  its  limits." 

ONLY  "  TOWNS  AND  VILLAGES  "  may  form  these  corporations.  If  the  town  i* 
incorporated  as  a  "  city  or  town,"  it  can  assume  control  of  its  schools  under 
Sections  133,  134  and  135  of  The  School  Laws,  but  it  CANNOT  form  a  corporation 
for  free  school  purposes  only  under  Article  616a. 

(d)  Insert  the  name  of  the  town.     The  name  of  the  independent  school  dis- 
trict should  be  the  name  of  the  town  followed  by  the  words  Independent  School 
District. 

(e)  The  boundaries  should  be  described  with  care  and  exactness.     It  is  ad- 
vised that  the  field  notes  be  prepared  by  the  county  surveyor,  as  it  is  of  first 
importance  that  the  boundaries  shall  be  correctly  given. 

The  petition  cannot  be  amended  or  corrected  in  any  particular  after  the 
county  judge  has  ordered  the  election. 

(f )  Insert  either  "  wholly  within  said  county  of   ,  OR: 

"  in  the  counties  of  and   ,"  as  is  the 

case. 

In  every  case,  the  petition  for  the  election  must  be  presented  to,  and  the 
election  ordered  by,  the  county  judge  of  the  county  in  which  the  town  is 
situated. 

(g)  This  proviso  is  contained  in  Section  149,  Chapter  124,  General  Laws  of 
1905  (same  numbered  section  of  The  School  Laws,  compilation  of  1905). 

(h)  A  plat  of  the  territory  must  be  attached  to  the  petition.  It  must  not  be 
merely  an  outline  sketch  of  the  proposed  district. 

It  should  be  such  a  map  as  will  make  it  possible  to  examine  the  field  notes 
and  therefore  should  designate  the  surveys  within  and  those  bounding  the  dis- 
trict, and,  where  necessary,  course  and  distance  of  the  lines  must  be  given.  It 
would  be  well  to  have  the  county  surveyor  prepare  both  the  map  and  field  note-. 

(i)  After  the  county  judge  orders  the  flection,  this  petition  should  be  filed 
in  the  county  clerk's  oHice.  The  record  (see  Paragraph  II,  page  1)  must  con- 
tain a  copy  of  the  petition  and  attached  map,  certified  by  the  county  clerk,  under 
the  seal  of  the  county  court,  to  be  a  true,  full  and  correct  copy  of  the  original 
petition  and  attached  map  on  file  in  his  office. 

AFTER  the  county  clerk  has  made  this  certified  copy,  there  should  be  attached 
to  it  the  county  surveyor's  certificate  (Form  2). 


No.  726, 

(a)     CERTIFICATE  OF  COUNTY  SURVEYOR. 

(Form  Xo.  2.) 

The  State  of  Texas,  County  of 

I,   ,  county  surveyor  of  said  county,  do  hereby  certify 

that  the  field  notes  contained  in  the  foregoing  and  attached  copy  of 
petition  correctly  describe  the  territory  included  within  the  limits  of 
the  Independent  School  District ; 


604  TEXAS  CIVIL  FORM  BOOK. 

That  the  map  or  plat  attached  to  said  cop}7  of  petition  correctly  des- 
ignates the  boundaries  of  said  incorporation  and  the  surveys  lying 
within  and  bounding  the  said  district; 

That  the  area  of  the  territory  comprehended  within  said  boundaries 
is acres,  or square  miles. 

Witness  my  hand  this day  of ,  19 .. 


County  Surveyor,   County,  Texas. 


NOTES. 


(a)      This  certificate  to  be  attached  to  the  certified  copy  of  the  petition  and 
map  which  the  county  clerk  will  make.      (See  note  i  to  Form  1.) 


No.  727. 

(a)     ELECTION  ORDER. 

(Form  No.  3.) 

A  petition  having  been  presented  to  me  on  the  ....  day  of , 

19.  .,  signed  by and ,  other  persons,  praying  for  an 

election  to  determine  if  the  town  of in  this  county  shall  form 

an  incorporation  for  free  school  purposes  only  within  the  boundaries 
hereinafter  described  by  metes  and  bounds,  and  for  the  election  of  a 
board  of  trustees  therefor; 

And  it  appearing  to  me  that  said  petition  is  signed  by  at  least  twenty 
residents  of  said  town,  (b)  who  are  qualified  voters  under  Chapter  11 
of  Title  18  of  the  Revised  Statutes  of  1895,  and  satisfactory  proof  having 

been  made  before  me  that  said  town  of contains  two  hundred 

inhabitants  or  over,  (c)  and  that  said  town  is  not  incorporated  (d)  for 
municipal  purposes  and  has  never  assumed  control  of  the  public  schools 
within  its  limits,  and  that  said  territory  is  laid  out  in  a  square  as  near  as 
is  practicable  with  reference  to  the  location  of  the  school  building 
thereon  (e);  therefore 

I, ,  in  my  capacity  as  county  judge  of County, 

Texas,  do  hereby  order  an  election  to  be  held  at (f)  in  the  said 

town  of ,  on  the  ....  day  of ,  19 . .,  for  the  purpose  of 

determining  if  said  town  of shall  form  an  incorporation  for 

free  school  purposes  only  within  the  following  described  bounds,  to  be 
named Independent  School  District. 

The  territory  proposed  to  be  incorporated  is  situated 

(g) 

and  is  described  by  metes  and  bounds  as  follows: 


TEXAS  CIVIL  FORM  BOOK.                               605 
Beginning  in  said County  at  (h)   


is  hereby  appointed  presiding  officer  of  said  election, 

and  he  shall  select  two  judges  and  two  clerks  to  assist  in  holding  it. 
A  previous  notice  of  ten  days  shall  be  given  of  said  election  by  posting 
advertisements  at  three  public  places  in  said  town,  and  the  election  shall 
be  held  in  the  manner  prescribed  for  holding  elections  in  other  cases. 

Every  male  person  who  has  attained  the  age  of  twenty-one  years  and 
who  has  resided  within  the  limits  of  the  territory  herein  described,  and 
proposed  to  be  incorporated,  for  the  six  months  next  preceding  the  date 
of  said  election,  and  is  a  qualified  elector  under  the  laws  of  the  State, 
shall  be  entitled  to  vote  at  election. 

On  each  ticket  the  voter  must  write  or  cause  to  be  written  or  printed 

"  CORPORATION  "  Or  "  NO  CORPORATION." 

And  I  do  further  hereby  order  that  at  the  same  time  and  place  desig- 
nated for  holding  the  above  election,  and  by  the  same  election  officers, 
an  election  shall  also  be  held  for  the  election  of  seven  trustees  for  said 
independent  school  district,  as  provided  for  the  election  of  such  trustees 
by  Sections  162  et  seq.,  of  Chapter  124  of  the  General  Laws  of  the 
Regular  Session  of  the  Twenty-ninth  Legislature. 

Witness  my  hand  and  the  seal  of  the  county  court  of  said  county 
this  ....  day  of ,  19.  . 


(Seal  of  County  Court.)       (i)     County  Judge County,   Texas. 


NOTES. 

(a)  This  order  must  be  made  by  the  county  judge,  NOT  by  the  commissioners' 
court.     The   county   judge   should   authenticate   the  order   with   the   seal    of   the 
county  jcourt. 

(b)  See  note  a  to  Form  1. 

(c)  See  note  b  to  Form  1. 

(d)  See  note  c  to  Form  1. 

(e)  See  note  g  to  Form  1. 

(f)  Designate  the  place  —  that  is,  the   particular  office,  store  or  building  — 
in  which  the  polls  are  to  be  opened. 

(g)  See  note  f  to  Form  1. 

(h)     Copy  description  exactly  as  it  is  given  in  the  petition. 

(i)  The  original  order  should  be  filed  in  the  office  of  the  county  clerk.  The 
record  (see  Paragraph  II,  page  1)  must  contain  a  copy  of  this  order,  certified 
by  the  county  clerk,  under  the  seal  of  the  county  court,  to  be  a  true,  full  and 
correct  copy  of  the  original  on  file  in  his  office. 


606  TEXAS  CIVIL  FORM  BOOK. 

No.  728. 

(a)     ELECTION  NOTICE. 
(Form  No.  4.) 

Notice  is  hereby  given  that  an  election  will  be  held  at (b)  in 

the  town  of ,  in  this  county,  on  the  ....  day  of ,  19. ., 

for  the  purpose  of  determining  if  said  town  of shall  form  an 

incorporation  for  free  school  purposes  only  within  the  following  de- 
scribed bounds,  to  be  named Independent  School  District. 

The  territory  proposed  to  be  incorporated  is  situated  (c) 

and  is  described  by  metes  and  bounds  as  follows : 

Beginning  in  said County  at  (d) 


has  been  appointed  presiding  officer  at 

said  election,  and  he  shall  select  two  judges  and  two  clerks  to  assist  in 
holding  it,  and  said  election  shall  be  held  in  the  manner  prescribed  for 
holding  other  elections. 

Every  male  person  who  has  attained  the  age  of  twenty-one  years  and 
who  has  resided  within  the  limits  of  the  territory  hereinabove  described, 
and  proposed  to  be  incorporated,  for  six  months  next  preceding  the  date 
of  said  election,  and  is  a  qualified  elector  under  the  laws  of  the  State, 
shall  be  entitled  to  vote  at  said  election.  On  each  ticket  the  voter 
must  write,  or  cause  to  be  written  or  printed,  "  CORPORATION  "  or  "  NO 

CORPORATION." 

Notice  is  hereby  also  given  that  at  the  same  time  and  place  designated 
for  holding  the  above  election,  and  by  the  same  election  officers,  an 
election  will  also  be  held  for  the  election  of  seven  trustees  for  said 
independent  school  district,  as  provided  for  the  election  of  such  trustees 
by  Sections  162  et  seq.,  of  Chapter  124  of  the  General  Laws  of  the 
Eegular  Session  of  the  Twenty-ninth  Legislature. 

Said  elections  will  be  held  in  pursuance  of  a  petition  filed  with  me 

on  the  ....  day  of ,  19.  .,  and  an  order  made  by  me  on  the  .... 

day  of ,19.. 

Witness  my  hand  and  the  seal  of  the  county  court  of  this  county 
this  ....  day  of ,  19. . 


(Seal  of  County  Court.)  County  Judge County,  Texas. 


NOTES. 


(a)  The  county  judge  should  prepare,  sign  and  seal  (using  the  seal  of  the 
county  court)  four  copies  of  this  election  notice.  Three  must  be  posted  in  the 
town  —  each  in  a  public  place  —  at  least  ten  (10)  days  before  the  date  for  the 
election,  exclusive  of  the  day  of  posting  and  the  day  of  the  election. 


TEXAS  CIVIL  FORM  BOOK.  607 

The  fourth  copy  is  to  be  filed  in  the  county  clerk's  office  after  the  person  who 
posted  the  notices  has  made  affidavit  thereof  (Form  4),  which  affidavit  should  be 
attached  to  the  copy  of  the  election  notice. 

(b)  See  note  f  to  Form  3. 

(c)  See  note  f  to  Form  1. 

(d)  Copy  description  exactly  as  contained  in  petition. 

The  notice  should,  of  course,  designate  the  time  and  place  of  the  election,  the 
name  and  boundaries  of  the  district,  and  name  the  same  presiding  officer,  as  was 
done  in  the  order  calling  the  election. 


No.  729. 

(a)     AFFIDAVIT  OF  POSTING  NOTICE& 

(Form  No.  5.) 

The  State  of  Texas,  County  of 

Before  me,  the  undersigned  authority,  on  this  day  personally  appeared 

,  who,  being  by  me  duly  sworn,  says  on  his  oath  that  he 

posted  a  true  copy  of  the  notice  of  election,  hereto  attached,  at  (b) 

,  and in  the  town  of 

in  said  county,  each  of  which  is  a  public  place  in  said  town,  on  the  .... 

day  of .,  19. .,  which  was  more  than  ten  days  prior  to  the  date  of 

said  election. 


Subscribed  and  sworn  to  before  me,  this  ....  day  of ,  19  . . 

(Seal  of  office.)  (c)   


NOTES. 

(a)  This   affidavit   to   be   attached   to   the   original    copy   of   election   notice 
(Form  4)    filed   in  the  county  clerk's  office.     It  must  be  signed  and  sworn  to 
by  the  person  posting  the  notices. 

(b)  Name  the   places    where   the  notices   were   posted.     Each   notice   to   be 
posted  in  a  public  place  in  the  town. 

(c)  May   be    sworn    to    before   any   officer    authorized    to   administer   oaths, 
who  should"  not  fail  to  follow  his  signature  with  his  official  designation  and  to 
affix  his  official  seal. 

(d)  The  record   (see  Paragraph  II,  page  1)  must  contain  a  copy  of  the  elec- 
tion notice    (Form   4)    and   the  attached  affidavit    (Form   5),   certified  by  the 
county  clerk,  under  the  seal  of  the  county  court,  to  be  a  true,  full  and  correct 
copy  of  the  original  notice  and  attached  affidavit  on  file  in  his  office. 


608  TEXAS  CIVIL  FORM  BOOK. 

No.  730. 

(a)     RETURNS   OF  ELECTION  ON  INCORPORATION. 

(Form  No.  6.) 

The  State  of  Texas,  County  of 

To  the  Hon ,  County  Judge  of  said  county : 

We,  the  undersigned  officers  holding  an  election  on  the  ....  day  of 

,  19 .  . ,  to  determine  if  the  town  of  shall  form  an 

incorporation  for  free  school  purposes  only,  hereby  certify  that  at  said 

election  there  were votes  cast,  of  which  number  there  were  cast 

For  "  Corporation  " votes. 

For  "  No  corporation "    votes. 


Majority  for  "  Corporation  " votes. 

We  herewith  inclose  poll  list  and  tally  sheet  of  said  election. 
'Witness  our  hands  this  ....  day  of ,  19.  . 


Presiding  Officer. 

Judge. 

Judge. 

Clerk. 

Clerk. 


NOTES. 

(a)  The  returns  must  be  made  to  the  county  judge  within  ten  days  after 
the  election.  After  he  has  canvassed  the  returns,  same  should  be  filed  in  the 
county  clerk's  office. 

The  record  (see  Paragraph  II,  page  1)  must  contain  a  copy  of  the  returns, 
certified  by  the  county  clerk,  under  the  seal  of  the  county  court,  to  be  a  true, 
full  and  correct  copy  of  the  original  on  file  in  his  office. 


No.  731. 

(a)     RETURNS  OF  SCHOOL  TRUSTEE  ELECTION. 
(Form  No.  7.) 

The  State  of  Texas,  County  of 

We,  the  undersigned  officers,  holding  an  election  on  the  ....  day  of 
,   19..,   for  the  purpose  of  electing  seven   trustees   for  the 


TEXAS  CIVIL  FORM  BOOK.  609 

Independent  School  District,  do  hereby  certify  that  at  said 

election  there  were  cast  votes,  of  which 

received   votes. 

received   votes. 

received   votes. 

received   votes. 

received   votes. 

received   votes. 

received   . votes.  ' 

We  herewith  inclose  poll  list  and  tally  sheet  of  said  election. 
Witness  our  hands  this  ....  day  of ,  19 . . 


Presiding  Officer. 

Judge. 

Judge. 

Clerk. 

Clerk. 


NOTES. 

<a)     See  note  a  to  Form  6. 


No.  732. 

(a)     ORDER   DECLARING   RESULT  OF   THE  ELECTIONS. 

(Form  No.  8.) 

The  State  of  Texas,  County  of 

Whereas,  an  election  was  duly  held  in  the  town  of in 

this  county  on  the  ....  day  of ,  19. .,  to  determine  if  said  town 

should  form  an  incorporation  for  free  school  purposes  only  within  the 
boundaries  hereinafter  described,  and  returns  of  said  election  have  been 
duly  made  to  and  canvassed  by  me,  from  which  returns  it  appears  that 

at  said  election votes  were  cast  for  "  CORPORATION  "  and 

votes  for  "  NO  CORPORATION  ;" 

Therefore,  I ,  in  my  capacity  as  county  judge  of 

county,  do  adjudge  that  said  election  resulted  in  favor  of  such  incor- 
poration and  I  do  hereby  declare  the  inhabitants  of  said  territory,  here- 
inafter described,  duly  incorporated  for  free  school  purposes  only  within 
said  boundaries,  the  name  of  the  incorporation  being In- 
dependent School  District. 

Form  Book  —  30. 


610  TEXAS  CIVIL  FORM  BOOK. 

The  territory  so  incorporated  is  situated 

(b),  and  is  described  by  metes  and  bounds 

as  follows: 

Beginning  in  said   county  at  (c)    


And  whereas  on  the  said  ....   day  of ,  19.  .,  there  was  also 

held  in  said  town  an  election  for  seven  trustees  for  said 

Independent  School  District,  and  returns  of  said  election  having  been 
duly  made  to  me  and  having  been  canvassed  by  me,  I  find  from,  said 
returns  that  at  said  election  there  were  cast .  votes,  of  which  (d) 

received  votes. 

received  votes. 

received  votes. 

received  votes. 

received  votes. 

received   votes. 

received  votes. 

Therefore  I  do  hereby  declare  the  said  (e)   


duly  elected  as  trustees  of  said Independent  School 

District. 

This  order  is  made  and  entered  by  me  on  the  record  of  the  commis- 
sioners' court  of county,  this  the  ....  day  of  ,  19.  . 

Witness  my  hand  and  seal  of  the  county  court  of  said  county  the  date 
last  aforesaid. 


(Seal  of  County  Court.)  County  Judge  County,  Texas. 


NOTES. 

(a)  This  order  must  be  written  in  the  minute  book  of  the  commissioners' 
court,  signed  by  the  county  judge,  and  authenticated  by  the  seal  of  the  county 
court. 

The  county  clerk,  under  the  seal  of  the  commissioners'  court,  should  then 
make  a  copy  of  this  entry  and  attach  to  it  a  copy  of  the  plat  of  the  territory 
incorporated,  certifying  the  copy  as  follows: 

The  State  of  Texas,  County  of 

I,   ,  clerk  of  the  county  court  and  ex  officio  clerk  of  the 

commissioners'  court  of  said  county,  do  hereby  certify  that  the  above  and  fore- 
going pages  contain  a  true,  full  and  correct  copy  of  the  entry  made  upon  the 

records  of  the  commissioners'  court  of  this  county  by   ,  as 

county  judge  of  said  county,  declaring  the  inhabitants  of  the  territory  therein 
described  incorporated  for  free  school  purposes  only,  under  the  name  of 
Independent  School  District,  and  declaring  the  result  of 


TEXAS  CIVIL  FORM  BOOK.  611 

the   election    for   trustees    for   said   district,    as   said   entry    appears    upon    pages 

of   Book    of   the   minutes   of  said   commissioners'   court, 

and  the  plat  of  said    Independent  School   District. 

Given    under    iny    hand    and    the    seal    of   said   court    this    the    .          .    day    of 
,,  19.. 


Clerk  County   Court  and   ex   olficio  Clerk   Commissioners'   Court, 

County,    Texas, 

(Seal  of  commissioners'  court.) 

This  certified  copy  should  then  he  recorded  in  the  deed  records  of  the  county 
After  having  been  so  recorded,  let  this  copy  form  part  of  the  record  upon  incor- 
poration (see  Paragraph  II,  page  1). 

(b)  See  note  f  to  Form  1. 

(c)  Copy  description  exactly  as  contained   in  petition    (Form  1). 

(d)  Name  every  person  voted  for  and  show  the  vote  each  received. 
(•)      Name  the  seven  receiving  the  highest     vote. 


No.  733. 

(a)     CERTIFICATE   OF  COUNTY  JUDGE. 
(Form  No.  9.) 

The  State  of  Texas,  County  of 

I,   ,  county  judge  of  said  county,  do  hereby  certify  that 

on  the  ....  day  of ,  19.  .,  I  made  an  entry  upon  the  records  of 

tEe  commissioners'  court  of  said  county  declaring  the  

Independent  School  District  duly  incorporated  for  free  school  purposes 
only  and  declaring 


duly  elected  as  trustees  of  said  district: 

That  on  the  ....  day  of ,  19.  .,  I  issued  certificates  of  election 

to  said  persons  named  (b)  and  each  of  them  took  the  oath  of  office 
prescribed  by  the  Constitution  to  faithfully  and  impartially  discharge  the 

duties  of  his  office  (c)  and  on  the  ....  day  of ,  li).  .,  filed  with 

me  his  affidavit  to  that  effect  (d). 

Witness  my  hand  and  the  seal  of  the  county  court  of  said  county  this 

the day  of ,  19.  . 

(Seal  of  County  Court.)  

County  Judge   County,  Texas. 


NOTES. 


(a)  This  certificate  to  form  part  of  the  record  upon  incorporation   (see  Para- 
graph  II,  page  1). 

(b)  See  Section   104  of  The  School  Laws,   1005  compilation. 

(c)  For  form  of  oath  see  Section   1  of  Article  XVI  of  the  Constitution. 

(d)  See  Section  167  of  The  School   Laws,  1905  compilation. 


612  TEXAS  CIVIL  FORM  BOOK. 

No.  734. 

(a)     CERTIFICATES  AS   TO  THE   INCORPORATION  OF  THE   TOWN   FOR 
MUNICIPAL  PURPOSES. 

(Form  No.  10.) 

[Certificate  of  County  Clerk.] 
The  State  of  Texas,  County  of 

I,  ,  Clerk  of  the  County  Court  and  ex  officio  Clerk  of 

the  Commissioners'  Court  of  County,  Texas,  do  hereby  cer- 
tify that  upon  pages  of  Book of  the  minutes  of  said 

commissioners'  court  appears  the  entry  of  ,  as  county 

judge  of  said  county,  declaring  the  inhabitants  of  the  town  of 

duly  incorporated  as  a  "town  or  village"  (b)  for  municipal  purposes, 
said  entry  bearing  date  the  ....  day  of ,  19. .  (c) 

Witness  my  hand  and  the  seal  of  said  Commissioners'  Court  this 
the day  of 19  .. 


Clerk  County  Court  and  ex  officio  Clerk  Commissioners' 

Court  of County,  Texas. 

(Seal  of  Commissioners'  Court.) 


(d)    [Certificate  of  Mayor  and  Town  Clerk.] 

The  State  of  Texas,  County  of 

We, ,  the  mayor  and ,  the (e) 

of  the  town  of  in  said  county,  do  hereby  certify  that 

said  town  was  incorporated  for  municipal  purposes  as  a  "  town  or  vil- 
lage "  on  the  ....  day  of ,  19 .. 

(f)  That  said  town  has  never  accepted,  or  attempted  to  accept,  as 
its  charter  the  provisions  of  Title  18,  of  the  Revised  Statutes  of  1895, 
in  xeference  to  cities  and  towns. 

That  said  town  has  never  acted,  or  attempted  to  act,  as  a  "  city  or 
town "  incorporated  under  Chapter  1  of  said  Title  18,  and  that  the 
board  of  aldermen  of  said  town  have  never  exercised,  or  attempted  to 
exercise,  any  powers,  rights  or  privileges  other  than  those  conferred 
upon  towns,  and  the  boards  of  aldermen  thereof,  incorporated  under 
Chapter  11  of  said  Title  18  of  the  Revised  Statutes  of  1895. 

Witness  our  hands  and  the  seal  of  said  town  this  the  ....  day  of 
,  19.. 


Mayor,  Town  of 

(Seal  of  the  town.)  

(e)  Town  of 


TEXAS  CIVIL  FORM  BOOK.  613 

NOTES. 

(a)  If  the  town  was  ever  incorporated  for  municipal   purposes  the  record 
(see  Paragraph  II,  page  1)   must  contain  this  certificate  of  the  county  clerk. 

(b)  In  examining  the  entry  the  clerk  will  note  carefully  whether  the  town 
was  incorporated  as  a  "  city  or  town"  or  as  a  "  toton  or  village." 

(c)  If  the  corporation  has  been  abolished,  the  clerk  will,  in  this  certificate, 
give  the  date  of  the  election  to  abolish  the  corporation  and  the  date,  and  book 
and  page  of  record  of  the  order  of  the  county  judge  declaring  the  corporation 
abolished. 

NOTE. —  If  the  town  was  originally  incorporated  as  a  "city  or  town" —  or 
if,  after  incorporating  as  a  "  town  or  village,"  it  became  a  "  city  or  town  "  — 
and  thereafter  the  corporation  was  abolished,  then,  in  addition  to  the  county 
clerk's  certificate,  the  record  (see  Paragraph  II,  page  l)'imist  contain: 

1.  A  certified  copy  of  the  petition  for  the  election  to  abolish  the  corporation 
(Article  617b,  Revised  Statutes  of  1895). 

2.  A  certified  copy  of  the  order  for  the  election. 

3.  A  certified  copy  of  the  election  notice. 

4.  Affidavit  showing  how  notice  was  posted. 

5.  A  certified  copy  of  the  election  returns. 

6.  A   certified   copy  of   the  county  judge's   order    declaring   the   corporation 
abolished. 

These  copies  must  be  certified  by  the  county  clerk  as  indicated  in  the  not^s 
to  the  foregoing  forms. 

(d)  If  the  town  is  now  incorporated,  the  county  clerk's  certificate  must  be 
followed  by  this  certificate  of  the  mayor  and  clerk   (or  secretary)   of  the  town. 

(e)  Insert  "clerk"  or  "secretary." 

(f)  If  the  town  has  ever  attempted  to  become  a  "city  or  town,"  omit  this 
and  the  succeeding  paragraph  and  state  the  facts  fully. 


ORGANIZATION  OF  BOARD  OF  TRUSTEES. 

The  county  judge,  after  making  the  entry  declaring  the  result  of  the 
elections,  shall  issue  certificates  of  election  to  the  seven  trustees 
elected  (a). 

Before  any  trustee  enters  upon  the  discharge  of  the  duties  of  his 
office,  he  must  take  the  oath  prescribed  by  the  Constitution  to  faithfully 
and  impartially  discharge  the  duties  of  his  office  (b).  For  the  form 
of  this  oath  see  Section  1  of  Article  XVI  of  the  Constitution. 

The  oath  of  office  must  be  in  writing,  signed  and  sworn  to  by  the 
trustee.  It  may  be  sworn  to  before  any  officer  authorized  to  administer 
oaths. 

The  oaths  of  office  of  the  trustees  elected  at  the  first  election  must 
be  filed  with  the  county  judge;  those  of  trustees  thereafter  elected  must 
be  filed  with  the  president  of  the  board  of  trustees  (c). 

The  trustees  shall  meet  within  twenty  days  after  their  election,  or 
as  soon  thereafter  as  possible,  for  the  purpose  of  organizing  (d). 

They  shall  draw  for  terms.  Those  drawing  the  numbers  1,  2,  3  and 
4  shall  serve  until  the  election  of  their  successors  on  the  first  Saturday 
in  May  next  following  their  election.  Those  drawing  the  numbers  5, 
6  and  7  shall  serve  until  the  election  of  their  successors  one  year 
later  (e). 


614  TEXAS  CIVIL  FORM  BOOK. 

The  trustees  shall  choose  a  president,  a  secretary,  a  treasurer,  an 
assessor  and  collector  of  taxes,  and  other  necessary  officers  and  commit- 
tees. The  president  must  be  one  of  the  trustees.  The  other  officers 
named  may  be  members  of  the  board,  but  it  is  not  required  that  they 
shall  be  (d). 

The  members  of  the  board  of  equalization  (see  "Assessment  of 
Taxes  ")  must  not  be  members  of  the  board  of  trustees. 

The  trustees  may  appoint  as  treasurer  the  person  or  corporation  offer- 
ing a  satisfactory  bond  in  the  amount  and  conditioned  as  required  by 
law,  and  the  best  bid  of  interest  on  average  daily  balances.  A  treasurer 
so  selected  shall  receive  no  compensation.  However  elected,  the  bond  of 
the  treasurer  must  be  for  "  double  the  estimated  amount  of  the  receipts 
coming  annually  into  his  hands  "  and  "  conditioned  for  the  faithful  dis- 
charge of  his  duties  and  the  payment  of  the  funds  received  by  him 
upon  the  draft  of  the  president,  drawn  upon  order,  duly  entered,  of  the 
board  of  trustees."  It  must  be  payable  to  the  president  of  the  board, 
or  his  successor  in  office,  and  be  approved  by  the  board  of  trustees  (d). 

The  board  of  trustees,  by  a  vote  of  a  majority  of  the  board,  may  re- 
quire the  county  assessor  and  collector  of  taxes  to  assess  and  collect  the 
taxes  of  the  district  (d). 

A  majority  of  the  board  (four  members)  constitutes  a  quorum  for 
the  transaction  of  all  business  except  the  levy  of  a  tax,  when  there  must 
be  present  two-thirds  of  a  full  hoard  (five  members)  to  constitute  a 
quorum. 

The  trustees  should  immediately  procure  a  seal  bearing  the  name  of 
the  district. 

For  the  powers  and  duties  generally  of  the  board  of  trustees  and  of 
the  secretary,  treasurer  and  other  officers,  and  for  the  compensation  of 
officers,  see  Sections  154  to  175  of  Chapter  124,  General  Laws  of  Eegular 
Session  of  the  Twenty-ninth  Legislature  (Sections  154  to  175  of  the 
1905  compilation  of  The  School  Laws). 

The  county  superintendent,  or  ex  officio  county  superintendent,  will 
furnish  the  trustees  with  a  copy  of  The  School  Laws  (1905  compilation). 
If  he  has  none,  the  State  Superintendent  of  Public  Instruction  will 
send  a  copy  upon  request. 


XOTES. 


(a)  Section  164  of  The  School  Laws   (1905  compilation). 

(b)  Sections  45  and  167  of  The  School  Laws   (1905  compilation). 

(c)  Section  167  of  The  School  Laws   (1905  compilation). 

(d)  Section  165  of  The  School  Laws   (1905  compilation). 

(e)  Section  163  of  The  School  Laws    (1905  compilation). 


TEXAS  CIVIL  FOKM  BOOK.  f>15 

TAXING  POWER. 

The  trustees  are  authorized  to  levy  and  collect  a  tax  of  not  exceeding 
twenty-five  (25)  cents  on  the  $100  valuation  of  taxable  property  for  the 
purpose  of  purchasing  or  constructing  public  free  school  buildings  and 
purchasing  sites  therefor  within  the  district  (a);  and  in  addition  a  tax 
of  not  exceeding  fifty  (50)  cents  on  the  $100  for  the  support  and  main- 
tenance of  its  public  free  schools  (b). 

But  no  tajc  for  any  purpose  can  be  collected  unless  it  shall  first  have 
been  voted  by  the  property  taxpaying  voters  of  the  district. 

The  trustees  must  each  year  pass  an  order  levying  such  taxes  as  the 
board  deems  necessary,  not  exceeding,  of  course,  the  rate  authorized  by 
vote  of  the  property  taxpaying  voters.  (For  form  of  order  levying 
taxes,  see  Form  No.  26.) 

Five  members  of  the  board  are  required  to  constitute  a  quorum  at  a 
meeting  for  the  imposition  of  taxes. 


NOTES. 


(a)  Section   154,  The  School  Laws    (1905  compilation). 

(b)  Sections  101   mid   142,  The  School  Laws   (1905  compilation), 


ASSESSMENT  OF  TAXES. 

Trustees  of  independent  school  districts  must,  in  the  assessment  of 
property  for  taxation,  be  governed  by  the  laws  governing  the  city  council 
of  a  city,  incorporated  under  the  general  law,  in  the  assessment  of  city 
taxes  (a). 

HEAD  CAHKI-TLIA  AHTICLKS  4!M>  TO  515  OK  TIII:  RKVISKD  STAITTES 
OK  1895. 

The  board  of  trustees  must  comply  strictly  with  the  provisions  of 
these  articles,  except  that  they  will  act  by  order  instead  of  by  ordinance. 

The  penal  provision  contained  in  Article  500  (the  last  clause  of  the 
article)  does  not  apply  to  independent  school  districts. 

The  assessor's  duties  are  prescribed  by  Articles  502,  503,  504.  509 
and  512. 

Taxes  may  be  voted,  levied  and  collected  for  the  current  year,  notwith- 
standing the  district  was  incorporated  after  the  first  day  of  January  of 
the  year.  But  all  property  must  be  assessed  with  regard  to  its  situs 
and  status  on  January  1  (Article  501).  That  is,  the  assessor  must  assess 
all  property  which  on  I  lie  first  day  of  January  was  situated  or  owned 
within  the  limits  of  the  territory  incorporated  and  which  on  January 
first  of  the  year  was  subject  to  taxation. 

The  commissioners  appointed,  under  Article  505,  as  the  board  of 
equalization,  must  NOT  be  members  of  the  board  of  trustees.  For  the 


616  TEXAS  CIVIL  FORM  BOOK. 

duties  of  the  board  of  equalization  read  —  in  the  order  given  —  Articles 
515  and  506  to  514,  both  inclusive. 

The  secretary  of  the  board  of  trustees  shall  act  as  secretary  of  the 
board  of  equalization  (Article  506). 

A  board  of  equalization  MUST  BE  appointed  and  MUST  equalize  values, 
in  order  that  there  shall  be  a  legal  assessment,  whether  the  assessor  is 
elected  by  the  board  of  trustees  or  whether,'  by  order  of  a  majority  of 
the  board  of  trustees  (b),  the  county  assessor  and  collector  are  required 
to  assess  and  collect  the  taxes. 

In  the  latter  case  —  that  is,  if  the  property  of  the  district  is  assessed 
by  the  county  tax  assessor  —  no  property  shall  be  assessed  at  a  greater 
value  than  the  value  at  which  it  is  assessed  for  State  and  county  taxes  (b). 

The  district  must  have  separate  tax  rolls,  even  if  the  county  assessor 
is  required  to  assess  its  property.  The  taxes  should  not  be  extended 
on  the  county  tax  rolls;  but  the  assessor  must,  as  stated,  make  up  sepa- 
rate rolls  for  the  district. 


NOTES. 


(a)  Section  161,  The  School  Laws   (1905  compilation), 

(b)  Section  165,  The  School  Laws   (1905  compilation) 


No.  735. 

EXTENSION  OF  BOUNDARIES. 

(e)     FORM  OF  PETITION. 
(Form  No.  11.) 

To  the  Honorable  Board  of  Trustees  of Independent 

School  District: 

We,  your  petitioners,  respectfully  represent: 

That  the  subscribers  hereof  constitute  a  majority  of  the  inhabitants, 
qualified  to  vote  for  members  of  the  Legislature,  of  the  territory  herein- 
after described,  and  desire  such  territory  to  be  added  to  and  become  part 
of  the Independent  School  District; 

That  said  territory  proposed  to  be  so  added  adjoins  the  limits  of  said 

Independent  School  District,  is  contiguous  to  one  line 

of  said  corporation,  and  is  described  by  metes  and  bounds  as  follows  (a) : 

Beginning  in  the  county  of at 


That  the    Independent  School  District,  as  it  now 

exists,  contains  an  area  of  less  than  twenty-five  square  miles  and  that 


TEXAS  CIVIL  FORM  BOOK.  617 

the  proposed  addition  will  not  increase  the  corporate  limits  of  said  dis- 
trict so  that  the  whole,  when  so  increased,  will  exceed  twenty-live  square 
miles. 

To  show  the  location  of  the  territory  proposed  to  be  annexed  with 

reference  to  the  existing  territory  of  said Independent 

School  District,  there  is  attached  hereto,  as  a  part  of  this  petition,  a 
map  showing  the  existing  territory  of  said  district  and  the  territory 
proposed  to  be  added  thereto  (b). 

Wherefore  we  pray  that  said  territory  be  received  as  an  addition  to 

and  to  become  part  of  the  corporate  limits  of  said 

Independent  School  District,  as  provided  for  by  Section  153  of  Chapter 
124  of  the  General  Laws  of  the  Regular  Session  of  the  Twenty-ninth 
Legislature. 


(c)     AFFIDAVIT. 

The  State  of  Texas,  County  of 

Before  me,  the  undersigned  authority,  on  this  day   personally  ap- 
peared    ,   and   who,  after 

being  by  me  duly  sworn,  severally  say  upon  oath  that  they  are  inhabit- 
ants, qualified  to  vote  for  members  of  the  Legislature,  of  the  territory 
described  in  the  foregoing  and  attached  petition  and  are  signers  of  said 
petition,  and  that  the  facts  set  forth  in  said  petition  are  true. 


Subscribed  and  sworn  to  before  me,  this  ....  day  of ,19 

(d) 

(Seal  of  officer.)  


NOTES. 

(a)  See  note  e  to  Form  1. 

(b)  See  note  h  to  Form  1. 

(c)  The  petition  must  be  signed  by  a  majority  of  the  inhabitants    (qualified 
to  vote  for  meinters  of  the  Legislature)   of  the  territory  proposed  to  be  annexed. 
This  affidavit  must  be  made  by  three  —  any  three  —  of  the  signers. 

(d)  See  note  c  to  Form  5. 

(e)  This  petition  should  be  filed  with  the  president  of  the  board  of  trustees, 
whose  duty  it  is  to  submit  it  to  the  board.     After  it  has  been  acted  upon,  the 
original   should   be   preserved   by   the  secretary  of  the   board,   who  will   make   :i 
certified  copy  of  it,  including  the  attached  map  and  affidavit,  under  the  seal   n{ 
the  district,  to  be  furnished  the  Attorney-General.     This  certificate  should  be  in 
the  following   form : 


618  TEXAS  CIVIL  FORM  BOOK. 

The  Slate  of  Texas,  County  of  

I,  ,  secretary  of  the  board  of  trustees  of  

Independent  School  District,  do  hereby  certify  that  the  above  and  foregoing  is  n 
true,  full  and  correct  copy  of  the  original  Petition  for  Extension  of  Limits  of 
said  district,  and  of  the  map  and  the  affidavit  attached  to  and  accompanying  tin; 
same,  which  petition  was  filed  with  the  president  of  the  board  of  trustees  ot  said 
district,  and  was  by  him  submitted  to  said  board  of  trustees  at  a  meeting  held  on 
the day  of ,  19.  .,  the  original  being  now  on  file  in  my  office. 

Witness  my  hand  and  seal  of  said  district  this  day  of  , 

19.. 


(Seal  of  district.)  Secretary  Board  of  Trustee 


No.  736. 

(a)     CERTIFICATE   OF  COUNTY  SURVEYOR. 

•   (Form  Xo.   12.) 

The  State  of  Texas,  County  of 

I, ,  county  surveyor  of  said  county,  do  hereby  certify 

that  the  field  notes  contained  in  the  foregoing  and  attached  copy  of 
petition  correctly  describe  the  territory  added  to  the In- 
dependent School  District; 

That  the  map  or  plat  attached  to  said  copy  of  petition  correctly  des- 
ignates the  boundaries  of  said  Independent  School 

District  as  the  same  existed  before  the  annexation  of  said  territory,  and 
the  boundaries  of  the  territory  added  to  and  described  in  said  copy  of 
petition; 

That  the  area  of  the  Independent  School  District, 

including  the  territory  added  to  and  annexed  by  said  district,  which  is 
described  in  said  petition,  is acres,  or square  miles. 

Witness  my  hand  this  ....  day  of ,  19.  . 


County  Surveyor   County,  Texas. 


(a)      After  the  secretary  has  made  a  certified  copy  of  the  petition   (Form  11), 
have  the  county  surveyor  make,  and  attach  to  the  copy,  this  certificate. 


No.  737. 

(a)  RESOLUTION  OF  BOARD  OF  TRUSTEES. 

(Form  No.  13.) 

On  this  the  ....  day  of ,  19.  .,  the  president  of  the  board  of 

trustees  submitted  to  the  board  the  petition  in  writing  of 

and other  persons,  which  petition  had  been  duly  filed  with 


TEXAS  CIVIL  FOHM  BOOK.  619 

the  president  of  the  board,  praying  that  the  territory  hereinafter  de- 
scribed be  received  as  an  addition  to  and  to  become  part  of  the 

Independent  School  District; 

And  the  board  having  considered  said  petition,  the  affidavit  of  three 
of  the  subscribers  thereof  attached  thereto,  and  all  the  facts  in  connec- 
tion therewith,  is  of  the  opinion  and,  upon  investigation,  finds  the  fact 
to  be  that  the  proposed  addition  will  not  increase  the  corporate  limits  of 

said  Independent  School  District  so  that  the  whole, 

when  thus  increased,  will  exceed  twenty-five  square  miles,  and  that  the 
signers  of  said  petition  constitute  a  majority  of  the  resident  qualified 
voters  of  said  territory;  therefore 

Be  it  resolved  by  the  board  of  trustees  of  the  said  

Independent  School  District  that  the  following  described  territory,  being 
the  same  territory  which  is.  described  in  said  petition,  be,  and  the  same 
hereby  is,  received  as  an  addition  to,  and  to  become  a  part  of,  the 

corporate  limits  of  the  said Independent  School  District : 

ginning  in  the  county  of ,  at 


(a)  After  this  resolution  has  been  passed  by  the  board  and  entered  in  the 
minutes,  a  certified  copy  of  it  MUST  BE  filed  for  record  in  the  county  clerk's  office 
of  the  county  in  which  the  toicn,  which  formed  the  district,  is  situated. 

This  copy  should  be  certified  by  the  secretary,  as  follows: 

The  State  of  Texas,  County  of 

I,   ,  secretary  of  the  board  of  trustees  of  the   

Independent  School   District,  do  hereby  certify  that  the  above  and  foregoing  is  a 
true,  full  and  correct  copy  of  a  resolution  adopted  by  said  board  of  trustees  on 

the    day    of    ,    19 .  . ,    at    a     ( insert    "  regular "    or 

"special"    as    was    the    case)     meeting    of    the    board,    at    which    were    present 

(name  the  trustees  who  were  present)   as  the  same  apjx-ars  of  record  in  the  min- 
utes of  said  meeting  on  pages of  book    of  the  minutes  ,if 

the  board,  which  minutes  have  been  duly  signed  by  the  president. 

Witness   my   hand   and    seal    of  said   district   this    day  of    , 

19..  . 

(Seal  of  the  district.) 

Secretary  Hoard  of  Trustees. 

After  the  copy  has  been  recorded,  send  it  —  together  with  a  copy  of  the  peti- 
tion  (Form  11)  and  the  county  surveyor's  certificate   (Form  12)  to  the  Attorney- 
Gem-ral    for    insertion    in    the   record    upon    incorporation.      (See    Paragraph    II.    - 
page  1.) 


620  TEXAS  CIVIL  FORM  BOOK. 


FORMS  FOR  THE  ISSUANCE  OF  BONDS. 

The  statutory  provisions  regulating  the  issuance  of  bonds  are  Sec- 
tions 154  to  159  of  Chapter  124  of  the  General  Laws  of  the  Kegular 
Session  of  the  Twenty-ninth  Legislature  (same  numbered  sections  of  The 
School  Laws,  compilation  of  1905)  and  Articles  918a  to  918g  of  the 
Revised  Statutes. 

Before  instituting  proceedings  for  the  issuance  of  bonds,  read  oare- 
fully  the  following  forms  and  notes. 

Before  having  the  bonds  printed  AND  BEFORE  CONTRACTING  for  the 
erection  of  the  proposed  building,  send  to  the  Attorney-General  the  fol- 
lowing record,  to  ascertain  if  the  bonds  will  be  approved : 

BOND    RECORD. 

1.  Certified  copy  of  the  petition  for  election  (Form  14). 

2.  Certified  copy  of  election  order  (Form  15). 

3.  Certified  copy  of  election  notice  (Form  16)  and  attached  affidavit 
(Form  17). 

4.  Certified  copy  of  election  returns  (Form  18). 

5.  Certified  copy  of  order  declaring  result  of  election  (Form  19). 

6.  Certified  copy  of  bond  order  (Form  20). 

7.  Statement  of  indebtedness  (Form  21). 

8.  Statement  of  taxable  values  (Form  22). 

9.  Certificate  of  secretary  (Form  23). 
10.  Form  of    bond  (Form  24). 


Districts  hereafter  incorporated  are  required,  as  soon  as  the  trustees 
have  organized,  to  send  the  record  upon  incorporation  (see  Paragraph  II, 
page  1)  to  the  State  Superintendent  of  Public  Instruction.  Such  dis- 
tricts need  not  send  another  such  record  to  the  Attorney-General  when 
submitting  the  bond  record.  But  if  the  district  has  extended  the  bounda- 
ries, copy  of  petition,  resolution,  etc.  (Forms  11,  12  and  13),  must  be 
sent  the  Attorney-General  for  insertion  in  the  record  upon  incorporation. 

Districts  heretofore  incorporated  —  UNLESS  the  legality  of  the  incorpo- 
ration of  the  district  has  been  passed  upon  by  the  Attorney-General  — 
;must,  when  submitting  the  bond  record,  send  also  the  record  upon  incor- 
poration (see  Paragraph  II,  page  1),  and  —  if  the  district  has  extended 
its  boundaries  —  copy  of  petition  and  resolution,  etc.  (Forms  11,  12 
and  13). 

It  would  be  well  for  such  districts  to  submit  the  record  upon  incor- 
poration before  instituting  proceedings  to  issue  bonds. 


It  has  happened  heretofore  that  a  district  instead  of  incorporating 

under  the  name  of  " Independent  School  District," 

adopted  a  different  name.     Such  a  district  must  act  under  the  name  by 


TEXAS  CIVIL  FORM  BOOK.  621 

which  it  was  incorporated,  followed  by  the  descriptive  phrase:  "An  inde- 
pendent school  district  incorporated  for  free  school  purposes  only." 


All  copies  and  certificates  made  for  the  bond  record  should  be  pre- 
pared with  care  and  accuracy.     Preferably,  they  should  be  typewritten. 


No.  738. 

(h)     PETITION  FOR  BOND  ELECTION. 
(Form  No.  14.) 

To  the  Board  of  Trustees  of   Independent  School  Dis- 
trict: 

We,  the  undersigned  taxpaying  voters  of  said In- 
dependent School  District,  hereby  petition  your  honorable  body  to  order 
an  election,  as  provided  in  Sections  154  et  seq.  of  Chapter  124  of  the 
General  Laws  of  the  Kegular  Session  of  the  Twenty-ninth  Legislature, 
to  determine  if  the  bonds  of  said  district  shall  be  issued  to  the  amount 

of  $  (a)  payable   (b)  years  from  their 

date,  (c)  and  bearing  interest  at  the  rate  of   (d)  per  cent 

per  annum  (e)  for  the  purpose  of 

•' (f) 

and  if  there  shall  be  annually  levied  and  collected  on  all  the  taxable 

property  in  said  district  for  the  current  year  and  annually  thereafter 
while  said  bonds,  or  any  of  them,  are  outstanding,  a  tax  sufficient  to  pay 
the  current  interest  on  said  bonds  and  provide  a  sinking  fund  sufficient 
to  pay  the  principal  at  maturity. 

(g) 


NOTES. 

(a)  To  ascertain  the  amount  of  bonds  which  can  be  issued:  Find  what 
amount  of  taxes  will  be  produced  by  the  authorized  tax  of  25  cents  on  the  $100 
valuation  of  taxable  property,  according  to  the  latest  approved  tax  rolls  of  the 
district.  If  no  tax  rolls  have  yet  been  made  for  the  district,  it  is  advised  thit 
no  proceedings  be  had  until  the  assessor  has  progressed  sufficiently  in  assessing 
properly  for  the  current  year  that  the  total  assessed  valuation  can  be  estimated 
with  reasonable  certainty. 

1?  the  district  has  any  bonds  outstanding,  deduct  from  the  amount  of  taxes, 
which  the  25  cents  tax  will  produce,  the  amount  needed  to  provide  for  one  year's 
interest  on  and  sinking  fund  for  the  outstanding  bonds;  the  balance  is  available 


622  TEXAS  CIVIL  FORM  BOOK. 

for  additional  bonds.     If  the  district  has  no  bonds  outstanding,  the  entire  pro- 
ceeds of  the  25  cents  tax  is  available  for  bonds. 
Multiply  the  amount  of  taxes  available  by  — 

6%  for  10-year  5  per  cent  bonds. 

10       for  20-year  5  per  cent  bonds. 

12       for  30-year  5  per  cent  bonds. 

13y3  for  40-year  5  per  cent  bonds. 

(b)  The  bonds  may  run  not  exceeding  forty  years  if  issued  to  construct  a 
building  of  other  than  wood  material.     If  it  is  proposed  to  erect  a  building  of 
icood  material,  the  bonds  shall  not  run  for  a  longer  period  than  twenty  years. 

(c)  If  it   is  desired  to  specify  the  option  of  redemption  which  shall  be  re- 
served in  the  bonds,  insert  here:     "  With  option  of  redemption  at  any  time  after 

years."     It  is  perhaps  better  not  to  do  this,  leaving  it  to  the  board 

of  trustees,  when  they  pass  the  order  providing  for  the  issuance  of  the  bonds,  to 
determine  what  option  shall  be  reserved. 

(d)  The  bonds  may  bear  interest  at  a  rate  not  to  exceed  6  per  cent.     It  is 
advised  that  the  bonds  shall  not  bea'r  a  lower  rate  than  5  per  cent.     The  bonds 
cannot   legally   be   sold  below   par,   and   it  has   recently   happened  that  district™ 
which  had  issued  4  per  cent  bonds,  being  unable  to  sell  them,  were  compelled  to 
cancel  the  bonds  and  incur  the  expense  of  another  election  to  authorize  5  per 
cent  bonds. 

(e)  If   it   is   desired   to  specify   how   interest   shall   be  payable,   insert  here: 
"  Payable   annually,"   or   "  payable   semi-annually."     It   might  be   well   to   leave 
this,  also,  to  be  determined  by  the  trustees  when  they  pass  the  order  providing 
for  the  issuance  of  the  bonds. 

(f)  If  the  purpose  is  to  build  a  school  building  say:     "  Constructing  a  public 

free  school  building  of material,  and  purchasing  a  site  therefor,  within 

said  district."      (If  the  district  already  owns  a  suitable  building  site,  omit  the 
words  ';  and  purchasing  a  site  therefor.") 

If  to  repair  or  build  an  addition  to  an  existing  school  building,  say:  "  for  the 
purpose  of  constructing  permanent  repairs  (or  else,  "constructing  an  addition," 

whichever  is  the  purpose)  of  material  to  the  public 

free  school  building  of  said  district." 

In  the  blanks,  state  of  what  material  the  building,  repairs  or  addition  will  be 
constructed,  and  of  what  material  is  the  existing  building,  in  case  it  is  pro- 
posed to  repair  or  add  to  an  existing  school  building.  In  such  case,  if  the 
existing  building  is  of  wood,  or  if  the  repairs  or  addition  will  be  constructed  of 
wood,  the  bonds  must  not  run  longer  than  twenty  years.  See  note  b  above. 

(g)  To  be  signed  by  at  least  twenty  taxpaying  voters  of  the  district. 

(h)  The  original  petition  should  be  preserved  in  the  office  of  the  secretary 
of  the  board  of  trustees.  The  copy  forming  part  of  the  bond  record  should  be 
certified  as  follows: 

The  State  of  Texas,  County  of 

I ,  secretary  of  the  board  of  trustees  of  

Independent  School  District,  do  hereby  certify  that  the  above  and  foregoing  is  a 
true,  full  and  correct  copy  of  the  Petition  for  Bond  Election  presented  to  said 

board  of  trustee*  at  their  meeting  held  on  the  day  of  ,  19.  .. 

the  original  of  which  is  on  file  in  my  office. 

Witness  my  hand  and  seal  of  said  district  this  day  of  , 

10.. 


(Seal  of  district.)  Secretary-  Board  of  Trustees. 


TEXAS  CIVIL  FORM  BOOK.  623 

tfo.  739. 

(h)     ORDER  FOR  BOND  ELECTION. 
(Form  No.  15.) 

On  this  ....  day  of ,  19 .  .,  came  on  to  be  considered  a  petition 

in  writing  signed  by  and  other  persons, 

asking  that  an  election,  as  hereinafter  ordered,  be  ordered  by  this  board 
for  the  purpose  hereinafter  set  forth; 

And  it  appearing  to  the  satisfaction  of  the  board  that  said  petition  is 
signed  by  at  least  twenty  taxpaying  voters  of  this  district  and  that  the 
election  petitioned  for  should  be  ordered; 

It  is  therefore  ordered  by  the  board  of  trustees  of  

Independent  School  District  that  an  election  be  held  at (a) 

in  the  town  of  ,  within  this  district,  on  the  ....  day  of 

,  19 ..  (b),  to  determine  if  (c)  the  bonds  of  said 

Independent  School  District  shall  be  issued  to  the  amount  of  $ , 

payable years  from  their  date  (d)  and  bearing  interest  at  the 

rate  of  ....  per  cent  per  annum  (e)  for  the  purpose  of 

:..  (0 

and  if  there  shall  be  annually  levied,  assessed  and  collected  on  all  the 
taxable  property  in  said  district  for  the  current  year  and  annually  there- 
after while  said  bonds,  or  any  of  them,  are  outstanding,  a  tax  sufficient 
to  pay  the  current  interest  on  said  bonds  and  provide  a  sinking  fund 
sufficient  to  pay  the  principal  at  maturity. 

is  hereby  appointed  manager  of  said  elec- 
tion, which  shall  be  held  as  nearly  as  may  be  possible  in  conformity  with 
the  general  election  law  of  the  State. 

No  person  shall  vote  at  said  election  unless  he  be  a  qualified  voter 
under  the  Constitution  and  laws  of  this  State  and  a  taxpayer  in  said 
Independent  School  District  (g). 

Those  in  favor  of  the  issuance  of  the  bonds  and  the  levying  of  the  tax 
shall  write  or  print  on  their  ballots  "FOR  THE  TAX;"  and  those  against 
the  issuance  of  the  bonds  and  the  levying  of  the  tax  shall  write  or  print 
on  their  ballots,  "  AGAINST  THE  TAX." 

Public  notice  of  said  election  shall  be  given  by  placing  notices  of  the 
same,  signed  by  the  president  and  attested  by  the  secretary  of  this  board, 

in  three  different  portions  of  the Independent  School 

District  at  least  twentv  (lavs  before  the  election. 


(a)  Designate  tlie  place  —  that  is,  the  particular  building,  store  or  office  - 
in  the  town,  where  the  polls  will  be  opened. 

(b)  The  date  of  the  election  must  be  not  less  than-  thirty  full  days  from  the 
day  this  order  is  passed,  exclusive  of  the  day  on  which  the  order  is  passed  and 
of  the  day  on  which  the  election  will  be  held. 

If  a  proposition  for  the  issuance  of  bonds  has  been  previously  submitted  and 
defeated,  no  election  for  that  purpose  shall  be  ordered  until  after  the  expiration 
of  one  year. 


624  TEXAS  CIVIL  FOKM  BOOK. 

(c)  Take  care  to  slate  the  proposition  to  be  voted  on  precisely  as  it  is  stated 
in   the  petition  for  the  election.     Do  not  change  it  in  any  manner  and  do  not 
add  anything  to  it. 

( d )  If  the   petition   specifies   the  option   of   redemption  which   it  is   desired 
shall  be  reserved  in  the  bonds,  insert  it  here.     (See  note  c  to  Form  14.) 

(e)  If   the   petition   specifies   now   interest  shall   be   payable,    insert  it   here. 
(See  note  e  to  Form  14). 

(f )  State  the  purpose  precisely  as  it  is  stated  in  the  petition  for  the  election. 

(g)  A  person  who  is  a  qualified  voter  in  the  district,  and  who  owned  prop- 
erty on  the  first  day  of  January  prior  to  the  election  which  was  subject  to  taxa- 
tion in  Ihe  district,  is  entitled  to  vote  whether  or  not  his  name,  or  his  property, 
appears  on  the  tax  rolls. 

(h)      The  copy  of  this  order  for  the  bond  record  should  be  certified  by  the  sec- 
retary as  follows: 

The  State  of  Texas,  County  of 

1,  ,  secretary  of  the  board  of  trustees  of  the   

Independent  School  District,  do  hereby  certify  that  the  above  and  foregoing  is  a 
true,  full  and  correct  copy  of  -an  order  passed  by  the  board  of  trustees  of  the 

Independent  School  District,  at  a   meeting  of  the  board 

(insert  in  the  blank  "  regular  "  or  "  special  "  as  is  the  fact),  held  on  the 

day    of     ,     19..,     at    which    meeting    there    were    present    Trustees 

(name  all  the  trustees  icho  were  present),  as  the  same  appears  of  record,  in  the 

minute.?  of  said  meeting,  on  page   of  book of  the  minutes  of  said 

board,  which  minutes  have  been  duly  signed  by  the  president. 

Witness   my  hand  and   seal   of  said   district  this    day   of    , 

10.. 


(Seal  of  district.)  Secretary  Board  of  Trustees. 


No.  740. 

(h)     NOTICE   OF   BOND   ELECTION. 
(Form  No.  16.) 

.  Notice  is  hereby  given  that  an  election  will  be  held  at (a) 

in  the  town  of  ,  within  the  

Independent  School  District,  on  the  ....  day  of ,  19.  .,  to  deter- 
mine if  (b)  the  bonds  of  said  district  shall  be  issued  to  the  amount  of 

$   ,  payable   years  from  their  date  (c)  and  bearing 

interest  at  the  rate  of per  cent  per  annum  (d),  for  the  purpose 

of   ,  (e)  and  if  there  shall  be  annually  levied,  assessed 

and  collected  on  all  the  taxable  property  in  said  district,  for  the  current 
year  and  annually  thereafter  while  said  bonds,  or  any  of  them,  are  out- 
standing, a  tax  sufficient  to  pay  the  current  interest  on  said  bonds  and 
provide  a  sinking  fund  sufficient  to  pay  the  principal  at  maturity. 

(f)    has  been  appointed  manager  of  said  election, 

which  shall  be  held  as  nearly  as  may  be  possible  in  conformity  with  the 
general  election  laws  of  the  State. 

No  person  shall  vote  at  said  election  unless  he  be  a  qualified  voter 
under  the  Constitution  and  laws  of  this  State,  and  a  taxpayer  in  said 
Independent  School  District. 


TEXAS  CIVIL  FORM  BOOK.  625 

Those  in  favor  of  the  issuance  of  the  bonds  and  the  levying  of  the 
tax  shall  write  or  print  on  their  ballots  "FOR  THE  TAX;"  and  those 
against  the  issuance  of  the  bonds  and  the  levying  of  the  tax  shall  write 
or  print  on  their  ballots  "  AGAINST  TIIU  TAX." 

Said  election  was  ordered  by  the  board  of  trustees  of  said 

Independent  School  District  by  order  passed  on  the  ....  day  of , 

19.  .,  (g)  and  this  notice  is  issued  pursuant  to  said  order. 

Dated  this day  of ,  19.. 


(Seal  of  district.)  President  of  Board  of  Trustees  of  said  District. 

Attest: 


Secretary  Board  of  Trustees  of  said  District. 


NOTES. 

(a)  Be  careful  to  name  the  particular  place  in  the  town  which  was  desig- 
nated, in  the  election  order,  as  the  voting  place. 

(b)  The  proposition  to  be  voted  on  must  be  stated  exactly  as  it  was  stated 
in  the  election  order.     Add  nothing  to  it ;  do  not  change  it  in  any  manner. 

(c)  If  the  election   order  stated  the  option  of  redemption  to  be  reserved  in 
the  bonds,  state  it  here. 

(d)  ff  the  election  order  stated  how  interest  shall  be  paid,  state  it  here. 

(e)  State  the  purpose  precisely  as  it  was  stated  in  the  election  order. 

(f)  Name  the  person  who  was  named  as  manager  in  the  election  order. 

(g)  State  correctly  the  date  upon  which  the  election  order  was  passed. 

(h)  Make  four  copies  of  this  election  notice.  Three  must  be  posted  in 
different  portions  of  the  district  at  least  twenty  (20)  full  days  before  the  date 
of  the  election,  exclusive  of  the  day  of  posting  and  of  the  day  of  election.  Each 
notice  must  be  posted  in  a  public  place. 

The  fourth  copy  to  be  filed  with  the  secretary  of  the  board  of  trustees  after 
the  person  who  posted  the  notices  has  made  affidavit  thereof  (Form  17).  wliiHi 
affidavit  must  l>e  a  Hacked  1o  the  copy  of  the  notice. 


No.  741. 

(d)     AFFIDAVIT  OF  POSTING  NOTICES. 
i  Form  No.  17.) 

The  State  of  Texas,  County  of 

Before  me,  the  undersigned  authority,  on  this  day  personally  appeared 

who,  being  by  me  first  duly  sworn,  says  upon  his  oath 

that  he  posted  a  true  copy  of  the  election  notice,  hereto  attached,  in 
three  different  portions  of  the  Independent  School  Dis- 
trict on  the day  of  ,  19..,  (a)  said  notices  having  been 

Form  Book  —  40. 


626  TEXAS  CIVIL  FORM  BOOK. 

posted  at , and ,  each  of  which  is  a 

public  place  in  said  district  (b). 


Sworn  to  and  subscribed  before  me,  this  ....  day  of ,  19. . 

(Seal  of  officer.)  (c)  


NOTES. 

(a)  Insert  the  date  on  which  the  notices  were  posted. 

(b)  Name  the  places  where  the  notices  were  posted. 

(c)  May  be  sworn  to  before  any  officer  authorized  to  administer  oaths,  who- 
must  follow  his  signature  with  his  official  designation  and  affix  his  official  seal. 

(d)  This  affidavit  is  to  be  made  by  the  person  who  posted  the  notices  and 
attached  to  the  copy  of  the  election  notice,  which  then  should  be  filed  with  the 
secretary  of  the  board.      (See  note  h  to  Form  16.) 

The  secretary  will   make,   for  the  bond  record,  a  copy  of  the  election   notice 
and  attached  affidavit,  certifying  it  as  follows: 

The  State  of  Texas,  County  of 

I,  ,  secretary  of  the  board  of  trustees  of  

Independent  School  District,  do  hereby  certify  that  the  above  and  foregoing  is  a 

true,  full  and  correct  copy  of  the  notice  of  the  bond  election  held  on day 

of  ,  19 .  . ,  in  said  district,  which  was  issued  by  the  president  of  said 

board,  and  of  the  affidavit  of  attached  thereto,  as  appears 

from  the  original  on  file  in  my  office. 

Witness  my  hand  and  seal  of  said  district  this  day  of  , 

19.. 


(Seal  of  district.)  Secretary  Board  of  Trustees. 


No.  742. 
(c)     ELECTION   RETURNS. 

(Form  No.  18.) 

The  State  of  Texas,  County  of 

To  the  Board  of  Trustees  of Independent  School  District : 

We,  the  undersigned  officers  holding  an  election  at (a)  in  the 

town  of in  said  district,  on  the  ....  day  of ,  19.  .,  to 

determine  if  the  bonds  of  said Independent  School  Dis- 
trict shall  be  issued  to  the  amount  of  $ /payable years 

from  their  date  and  bearing  ....  per  cent  interest,  for  the  purpose  of 

,  (b)  and  if  there  shall  be  annually  levied,  assessed  and 

collected  on  all  the  taxable  property  in  said  district,  for  the  current  year 
and  annually  thereafter  while  said  bonds,  or  any  of  them,  are  outstand- 
ing, a  tax  sufficient  to  pay  the  current  interest  on  said  bonds  and  provide 
a  sinking  fund  sufficient  to  pay  the  principal  at  maturity,  do  hereby 

certify  tKat  at  said  election  there  were votes  cast,  of  which 

number  there  were  cast 

"  For  the  Tax  " votes 

"  Against  the  Tax  " votes. 


Majority  "  For  the  Tax  " votes. 


TEXAS  CIVIL  FORM  BOOK.  627 

We  herewith  inclose  poll  list  and  tally  sheet  of  said  election. 
Witness  our  hands  this  the day  of ,  19. . 

*       : 


Judge. 

Judge. 

Clerk. 

Clerk. 


NOTES. 

(a)  Name  place  where  polls  were  opened. 

(b)  State  purpose  as  it  was  stated  in  election  order  and  election  notice. 

(c)  Returns  of  the  election  should  be  made  to  the  trustees  within  ten  days 
after  the  election,  and  the  returns  shall  be  recorded  by  the  secretary  in  a  well 
bound  book  to  be  kept  for  that  purpose. 

The  secretary  will  certify  the  copy  for  the  bond  record  as  follows: 

Th'j  State  of  Texas,  County  of 

I,  -.  .,  secretary  of  the  board  of  trustees  of  

Independent  School  District,  do  hereby  certify  that  the  above  and  foregoing  is  a 
true,  full  and  correct  copy  of  the  returns  of"  the  bond  election  held  in  said  dis- 
trict on  the day  of ,  19.  .,  which  returns  were  filed  in  my  office 

on  the day  of ,  19. .,  and  have  been  duly  recorded  in  the  record 

of  election  returns  of  said  district  on  page of  book 

Witness  my  hand  and   seal  of  said  district  this    day  of 

1  J  .   .    . 


(Seal  of  office.)  Secretary  Board  of  Trustees. 


NO.   743. 

(d)     ORDER  DECLARING  RESULT  OF  ELECTION. 

(Form  No.  19.) 

On  this  the  ....  day  of ,  19. .,  came  on  to  be  considered  the 

returns  of  an  election  held  on  the  ....  day  of ,  19. .,  to  determine 

if  the  bonds  of  this  district  shall  be  issued  to  the  amount  of  $ 

payable years  after  date  (a)  and  bearing  interest  at  the  rate  of 

....  per  cent  per  annum  (b)  for  the  purpose  of • (c) 

and  if  there  shall  be  annually  levied,  assessed  and  collected  on  all  the 
taxable  property  in  said  district,  for  the  current  year  and  annually  there- 
after while  said  bonds,  or  any  of  them,  are  outstanding,  a  tax  sufficient 
to  pay  the  current  interest  on  said  bonds  and  provide  a  sinking  fund 
sufficient  to  pay  the  principal  at  maturity; 

And  it  appearing  from  said  returns,  duly  and  lawfully  made,  that 


628  TEXAS  CIVIL  FORM  BOOK. 

there  were  cast  at  said  election votes,  of  which  number 

votes  were  cast  "  FOR  THE  TAX/'  and votes  were  cast  "  AGAINST 

THE  TAX  :" 

It  is  therefore  found  and  declared,  and  so  ordered,  by  the  board  of 
trustees  of  the Independent  School  District,  that  two- 
thirds  of  the  taxpayers  voting  at  said  election  voted  in  favor  of  the 
issuance  of  said  bonds  and  the  levying  of  said  tax,  and  that  therefore 
this  board  is  authorized  to  issue  said  bonds  and  to  levy,  assess  and  collect 
said  tax. 


NOTES. 

(a)  If   the   election   order   stated   the   option   of   redemption   to   be  reserved, 
state  it  here. 

(b)  If  the  election  order  stated  how  interest  shall  be  paid,  state  it  here. 

(c)  State  purpose  as  it  was  stated  in  election  order, 

(d)  The  secretary  should  certify  the  copy  of  this  order  in  the  same  manner 
as  required  for  the  copy  of  "Order  for  Bond  Election."      (See  note  h  to  Form 
No.   15.) 


No.  744. 

(n)     BOND   ORDER. 

(Form  No.  20.) 

On  this  the  ....  day  of ,  19.  .,  the  board  of  trustees  convened 

in  regular  session  at  a (a)  meeting  of  the  board,  and  there 

being  present  the  following  members  of  the  board 

(b)  passed  the  following  order : 

Whereas  at  an  election  held  for  the  purpose  of  determining  the  ques- 
tion, on  the  ....  day  of ,  19.  .,  which  election  was  ordered  and 

held,  and  of  which  notice  was  given  and  returns  thereof  made  and  can- 
vassed in  every  respect  according  to  law,  two-thirds  of  the  taxpayers 
voting  at  said  election  voted  in  favor  of  the  issuance  of  the  bonds  here- 
inafter described  and  of  the  levying  of  the  tax  hereinafter  levied: 

Therefore  be  it  ordered  by  the  board  of  trustees  of 

Independent  School  District,  as  follows: 

1.  That  the  bonds  of  said Independent  School  District, 

to  be  called  " Independent  School  District  Schoolhouse 

Bonds,"  bq,  issued   under   and  by  virtue  of   Sections    154   et  seq.  of 
Chapter  124  of  the  General  Laws  passed  at  the  Eegular  Session  of  the 

Twenty-ninth  Legislature,  to  the  amount  of  $ ,  for  the  purpose 

of  (c); 

2.  That  said  bonds   shall  be  numbered  consecutively  from   one  to 

,  both  inclusive,  shall  be  of  the  denomination  of dollars 

($ )  each,  aggregating dollars  ($ ) ; 


TEXAS  CIVIL  FORM  BOOK.  629 

3.  That  they  shall  be  dated  the day  of ,  19. .,  and  shaJl 

become  due  and  payable years  from  their  date; 

4.  That  said  bonds  shall  bear  interest  at  the  rate  of  ....  per  cent  per 

annum,    payable (d)  on    the  ....  day    of of    each 

year; 

5.  That  the  principal  of  and  interest  on  said  bonds  shall  be  payable, 
in  lawful  money  of  the  United  States,  upon  presentation  and  surrender 
of  bond  or  proper  coupon  at  the  office  oi  the  Treasurer  of  the  State  of 
Texas,  or  at (e)  at  the  option  of  the  holder. 

6.  That  in  each  of  said  bonds  there  shall  be  reserved,  in  favor  of 
said   district,   the   option   of   redeeming   the   same   at  any   time  after 

(f)  years  from  its  date  upon  payment  of  the  principal 

and  accrued  interest;  and  each  bond  shall  provide  that  in  case  the 
same  shall  be  called  in  for  redemption  before  maturity,  notice  thereof 

in  writing  shall  be  given  to (g) 

by  the  treasurer  of  the  board  of  trustees  of  said Inde- 
pendent School  District  at  least  thirty  days  before  the  date  fixed  for  re- 
demption, and  that  if  it  shall  not  be  presented  for  redemption,  it  shall 
cease  to  bear  interest  from  and  after  the  date  so  fixed  for  redemption; 

7.  That  said  bonds  shall  be  signed  by  the  president  and  countersigned 

by  the  secretary  of  this  board  and  the  seal  of Independent 

School  District  shall  be  impressed  upon  each  of  them.     The  facsimile 
signatures  of  the  president  and  secretary  may  be  lithographed,  engraved 
or  printed  on  the  coupons; 

8.  That  each  of  said  bonds  shall  contain  the  following  recitals  and 
provisions : 

"  It  is  hereby  recited  and  certified  that  this  series  of  bonds  has  been 
authorized  by  a  vote  of  two-thirds  of  the  taxpayers  voting  at  an  election, 
for  the  purpose  of  determining  the  question,  held  on  the  ....  day  of 

,  19.  .,  in  said  district;  that  said  election  was  ordered  and  held, 

notice  thereof  given  and  returns  thereof  made  and  canvassed  in  every 
respect  according  to  law;  that  all  acts,  conditions  and  things  required  to 
be  done  and  performed  and  to  happen  precedent  to  and  in  the  issuance 
of  this  series  of  bonds,  and  of  this  bond,  have  been  properly  done  and 
performed  and  have  happened  in  regular  and  due  time,  form  and  manner 
as  required  by  law ;  that  the  total  indebtedness  of  said In- 
dependent School  District,  including  the  entire  series  of  bonds  of  which 
this  is  one,  does  not  exceed  any  constitutional  or  statutory  limitation, 

and  that  the  faith  and  credit  of  said Independent  School 

District  are  hereby  pledged  for  the  punctual  payment  of  the  principal  of 
and  the  interest  on  this  bond." 

9.  That  to  pay  current  interest  on  said  bonds  and  provide  a  sinking 
fund  sufficient  to  pay  the  principal  at  maturity,  there  shall  be  collected 
during  each  year  that  said  bond?,  or  any  of  them,  are  outstanding,  the 

Mini  of (h)  dollars,  which  is  the  aggregate  of (i) 

of  the  principal  of,  and  one  year's  interest  on,  all  of  said  bonds. 


630  TEXAS  CIVIL  FORM  BOOK. 

10.  That  to  raise  said  sum  of  $ (h)  for  the  first  year,  there  is 

hereby  levied  for  the  year ( j )  a  tax  of  and  at  the  rate  of 

(k)  cents  on  the  $100  valuation  of  taxable  property  in 

said Independent  School  District,  which  tax  shall  be  as- 
sessed and  collected  and  applied  to  the  purposes  named. 

11.  That  during  each  year  thereafter,  while  said  bonds,  or  any  of 
them,  are  outstanding,  there  shall  be  computed  and  ascertained,  by  the 
board  of  trustees  of  said  district,  what  rate  of  tax,  based  upon  the  latest 
approved  tax  rolls  of  the  district,  will  be  necessary,  requisite  and  suffi- 
cient to  fully  make,  raise  and  produce  the  said  sum  of  $ (h) 

and  said  tax,  of  and  at  the  rate  so  found  necessary,  as  aforesaid,  shall 
be,  and  hereby  is  ordered  to  be,  levied,  assessed  and  collected  on  all 
taxable  property  in  said  district,  and  said  money,  when  collected,  shall 
be  applied  to  the  purposes  named. 

12.  That (1),  the  president  of  this  board,  is  hereby 

authorized  to  take  and  have  charge  of  said  bonds  pending  their  in- 
vestigation and  approval  by  the  Attorney-General  and  registration  by 
the  Comptroller,  and,  after  their  approval  and  registration,  he  is  author* 
ized  to  negotiate  their  sale  and  receive  for  the  said In- 
dependent School  District  the  proceeds  thereof;  provided,  that  no  bond 
shall  be  sold  at  less  than  its  par  value  and  accrued  interest,  exclusive  of 
commissions  (m). 


NOTES. 

( a )  Insert  "  regular  "  or  "  special." 

(b)  Name  those  present.  . 

(c)  State  purpose  exactly   as  it  was   stated  in  election  order  and  election 
notice. 

(d)  Insert  "annually"  or  "  semi-annual  ly,"  as  was  specified  in  the  election 
order  and  election  notice.     If  the  order  and  notice  did  not  specify  how  interest 
shall  be  payable,  the  trustees  should  do  so. 

(e)  It  is  well  to  name  the  office  of  the  State  Treasurer  as  one  of  the  places 
of  payment,  in  case  it  is  intended  to  offer  the  bonds  for  sale  to  the  State  Board 
of  Education.     Name  also  a  bank  in  New  York  or  Chicago,  in  case  the  bonds 
are  to  be  sold  in  the  market.     If  desired,  name  also  a  bank  in  the  State.     If 
more  than  one  place  of  payment  is  named,  do  not  omit  the  words  "  at  the  option 
of  the  holder." 

(f)  State  the  same  option  which  was   expressed  in  the  election  order  and 
election  notice,  if  any  was  there  expressed.     If  the  order  and  notice  were  silent 
on  that  point,  the  trustees  may  reserve  such  option  of  redemption  as  they  deem 
best  for  the  interest  of  the  district. 

(g)  If  the  bonds  are  payable  at  the  office  of  the  State  Treasurer  only,  insert 
here  "  the  Treasurer  of  the  State  of  Texas."     If  payable  also  at  a  bank    ( or 
banks)   say  "the  Treasurer  of  the  State  of  Texas  and  to  said  bank"  (or  "and 
to  said  banks,"  if  more  than  one  is  named). 

('h)  To  ascertain  the  amount  required  annually:  (1)  Divide  the  amount  of 
bor.ds  to  be  issued  by  the  number  of  years  they  will  run,  to  find  the  amount 
needed  each  year  for  sinking  fund.  '(2)  Add  to  this  the  amount  of  one  year's 
interest  on  the  entire  issue.  The  aggregate  of  these  amounts  should  be  written 
tere. 

(i)  If  the  bonds  will  run  forty  years,  write  here  "one-fortieth;"  if  thirty 
years,  "one-thirtieth;"  if  twenty  years,  "one-twentieth." 

(j)     If  this  order  is  passed  before  the  tax  rolls  are  completed,  insert  here  the 


TEXAS  CIVIL  FORM  BOOK.  631 

number  of  the  current  year.  If  passed  after  the  final  approval  of  the  rolls, 
insert  the  number  of  the  ensuing  year. 

(k)  To  ascertain  the  rate  of  tax  necessary,  divide  the  amount  required  an- 
nually (see  note  g  above)  by  the  total  assessed  valuation  according  to  the  latest 
approved  tax  rolls.  The  quotient  will  be  the  number  of  cents  required  on  each 
dollar,  expressed  decimally.  Multiply  the  quotient  by  100  to  find  the  number  of 
cents  on  each  one  hundred  dollars. 

For  example:  What  rate  of  tax  upon  an  assessment  of  $234,507  will  produce 
$500?  $500  divided  by  $234,507  equals  the  decimal  .0021316,  nearly,  which 
multiplied  by  100  equal  .21310  or,  about  .21%.  21l/3  one-hundredths  of  a  dollar 
is  21%  cents.  Therefore  there  would  be  needed  a  tax  at  the  rate  of  2iy3  cents 
on  the  $100. 

The  trustees  may,  in  their  discretion,  levy  a  larger  rate  of  tax,  not  exceeding 
25  cents,  however. 

(1)  Name  the  president  of  the  board.  See  Section  6  of  Chapter  124,  General 
Laws  of  Regular  Session,  Twenty-ninth  Legislature  (same  numbered  section  of 
The  School  Laws,  compilation  of  1905). 

The  president  should  solicit  bids  for  the  bonds,  either  by  advertising  in  a 
financial  journal  or  by  corresponding  with  dealers  in  such  securities,  or  both. 
He  shall  notify  the  State  Board  of  Education  of  all  bids  received  and  give  the 
board  an  option  of  ten  days  in  which  to  purchase  the  bonds  at  the  price  offered 
by  the  best  bona  fide  bidder.  The  State  Superintendent  of  Public  Instruction  is 
secretary  of  the  State  Board  of  Education. 

(m)  The  bonds  may  not  be  sold  for  less  than  par  and  accrued  interest  exclu- 
sive of  commissions. 

(n)  There  must  be  at  least  five  members  of  the  board  present  at  the  meeting 
at  which  this  order  is  passed. 

The  secretary,  in  certifying  the  copy  of  this  order  for  the  bond  record,  will  use 
the  form  of  certificate  in  note  h  to  Form  15, 


No.  745. 

STATEMENT  OF  INDEBTEDNESS. 
(Form  No.  21.) 

The  following  is  a  complete  statement  of  the  indebtedness  of  the 

Independent  School  District,  including  the  series  of  bonds 

proposed : 

1.  Proposed  Bonds — 

To  be  dated ,  to  run 

years  and  bear per 

cent  interest  per  annum,  total  amount  to  be  issued  $ 

2.  Outstanding  Bonds  — 

<a)  Dated   ,  due   

}  bearing per  cent  in- 
terest    per     annum,     amount     originally     issued 

$ ,  amount  this  day  in  sinking 

fund  $ ,  total  amount  of  this 

issue  outstanding    $ 

3.  Other  Indebtedness — 


Total  indebtedness  of  every  character 


632  TEXAS  CIVIL  FORM  BOOK. 

We, ,  secretary  of  ike  board  of  trustees  of 

Independent  School  District,  and ,  treasurer  of  said  dis- 
trict, do  hereby  certify  that  the  above  and  foregoing  statement  exhibits 
a  true,  full  and  correct  statement  of  the  indebtedness  of  said  district,  of 

every  character,  existing  on  the  ....  day  of ,  19.  .,  including  the 

series  of  bonds  proposed,  as  shown  by  the  books  and  records  of  said  dis- 
trict in  our  respective  offices. 

Witness  our  hands  and  the  seal  of  said  district  this  the  ....  day  of 
,  19.. 


Secretary  Board  of  Trustees  of  said  District. 

(Seal  of  district.)  

Treasurer  of  said  District. 


NOTES. 

(a)  If  the  district  has  several  issues  of  bonds  outstanding,  give  full  state- 
ment of  each. 

(b)  If  it  has  any  other  indebtedness,  give  a  full  report  of  it:      When  con- 
tracted, when  due,  what  provision  has  been  made  for  its  payment,  for  what  pur- 
pose contracted  and  by  what  authority.     If  authorized  by  an  order  of  the  board, 
accompany  the  statement  with  a  certified  copy  of  the  order. 


No.  746. 

STATEMENT  OF  TAXABLE  VALUES. 

(Form  No.  22.) 

I, ,  tax  assessor (a) 

do  hereby  certify  that  the  assessed  value  of  property  for  the  purposes  of 

taxation  in  said Independent  School  District,  as  shown  by 

the  tax  rolls  of  said  district  for  the  year ,  which  have  been  duly 

approved  and  which  is  the  last  official  assessment  of  said  district  (b)  is  as 
follows : 

Personal  property $ 

Real   property    $ 


Witness  my  hand  this  the  ....  day  of ,  19 .  . 

Tax  Assessor (a) 


IfOTES. 

(a)  "Tax    assessor    for     Independent    School    District,"    if    the 

assessor  was  chosen  by  the  board.     If  the  county  assessor  is  the  assessor  for  the 

district,   say :      "  Tax   assessor   for    county,   Texas,   and  assessor   for 

the Independent  School  District  in  said  county." 

(b)  This  statement  must  be  based  upon  the  latest  APPROVED  TAX  BOLLS  made 
for  the  district.     It  cannot  be  based  upon  the  county  tax  rolls. 


TEXAS  CTVTT.  FOFIM  BOOK.  633 

No.  747. 

CERTIFICATE   OF  SECRETARY. 

(Form  No.  23.) 

The  State  of  Texas,  County  of 

I,  ,  secretary  of  the  board  of  trustees  of 

Independent  School  District,  do  hereby  certify: 

1.  That  no  tax  for  any  purpose  was  levied  by  said  board  of  trustees 
during  the  current  year  prior  to  the  passage  of  the  order  providing  for 

the  issuance  of  $ of  bonds,  which  order  was  passed  on  the  .... 

day  of ,19..  (a); 

2.  That  the  boundaries  of  said  district  have  never  been  extended  (b). 
Witness  my  hand  and  the  seal  of  said  district,  this  ....  day  of , 

19  .. 

(Seal  of  district.)  

Secretary  of  Board  of  Trustees. 


NOTES. 

(a)  If  any  tax  has  been  levied  during  the  current  year,  prior  to  the  passage 
of  the  bond  order,  include  in  the  bond  record  a  certified  copy  of  the  order  making 
the  levy. 

(b)  If  the  boundaries   have  ever  been  extended,   instead   of  this  paragraph, 
say: 

"  That  the  boundaries  of  said  district  were  extended  by  a  resolution  adopted 

by  its  board  of  trustees  on  the day  of  19.  .,  and  were  again 

extended  by  a  resolution  adopted  by  its  board  of  trustees  adopted  on  the  

day  of  ,  19..;  but  its  boundaries  have  not  been  extended  since  th.' 

date  last  aforesaid." 

Unless  it  has  previously  been  done,  there  must  be  furnished,  in  such  caw.  » 
copy  of  the  petition,  resolution,  etc.  (Forms  11,  12  and  13.) 


634  TEXAS  CIVIL  FORM  BOOK. 

No.  748. 

FORM  OF  BOND. 
(Form  No.  24.) 

It  is  suggested  that  the  bond  record  be  accompanied  by  a  draft  of 
the  bond.  The  Attorney-General  will  approve  its  form,  or  indicate  the 
necessary  changes,  and  the  approved  draft  can  be  furnished  the  printer 
for  copy. 

It  is  not  necessary  that  a  copy  of  the  bond  order  be  printed  on  the 
bonds.  Therefore  it  will  not  be  necessary  to  furnish  the  printer  with  a 
copy  of  the  order. 


No $ 

United  States  of  America. 

the  State  of  Texas.  County  of   

Independent  School  District 

Schoolhouse  Bond. 

Independent    School   District   in   the   county   of 

,   State  of  Texas,  for  value  received,  acknowledges 

itself  indebted  to  and  hereby  promises  to  pay  to  bearer 

3Tears  from  date  hereof,  the  sum  of 

($ )    dollars  in  lawful  money  of   the   United  States  of 

America,  together  with  interest  thereon  from  the  date  hereof  at  the 

rate  of  ....  per  cent  per  annum,  payable (a) 

on  the    day  of    ,  and of 

each  year,  both  principal  and  interest  payable  upon  presentation  and  sur- 
render of  proper  bond  or  coupon  at  (b) 


Said   Independent  School  District  hereby  reserves  the 

right  to  redeem  this  bond  at  any  time  after    

years  from  its  date  by  paying  principal  and  accrued  interest,  and,  in 
case  the  same  shall  be  called  in.  for  redemption  before  maturity,  notice 
thereof  in  writing  shall  be  given  to  (c)  

by  the  treasurer  of  the  board  of  trustees  of  said  Inde- 
pendent School  District  at  least  thirty  days  before  the  date  fixed  for 
redemption,  and  should  this  bond  not  be  presented  for  redemption,  it 
shall  cease  to  bear  interest  from  and  after  the  date  so  fixed  for 
redemption. 

This  bond  is  one  of  a  series  of bonds,  numbered 

consecutively  from    to    ,  inclusive,  of 

the  denomination  of 

($ )   dollars  each  aggregating 

($ )   dollars,   issued   for   the   purpose   of    (d) 


TEXAS  CIVIL  FORM  BOOK.  635 

under  and  by  virtue  of  the  Constitution  and  laws  of  the  State  of  Texas, 
and  in  pursuance  of  an  order  passed  by  the  board  of  trustees  of  said 

Independent   School    District   on   the    day 

of   ,  19  .  .,  which  order  is  of  record  in  book   

page of  the  minutes  of  said  board  of  trustees. 

If;  is  hereby  recited  and  certified  that  this  series  of  bonds  has  1aeen 
authorized  by  a  vote  of  two-thirds  of  the  taxpayers  voting  at  an  elec- 
tion, for  the  purpose  of  determining  the  question,  held  on  the  .... 

day  of ,  19  . .,  in  said  district;  that  said  election  was  ordered 

and  held,  notice  thereof  given  and  returns  thereof  made  and  canvassed 
in  every  respect  according  to  law;  that  all  acts,  conditions  and  things 
required  to  be  done  and  performed  and  to  happen  precedent  to  and  in 
the  issuance  of  this  series  of  bonds  and  of  this  bond,  have  been  properly 
done  and  performed  and  have  happened  in  regular  and  due  time,  form 
and  manner  as  required  by  law;  that  the  total  indebtedness  of  said 

Independent  School  District,  including  the  entire  series 

of  bonds  of  which  this  is  one,  does  not  exceed  any  constitutional  or 

statutory  limitation;  and  that  the  faith  and  credit  of  said 

Independent  School  District  are  hereby  pledged  for  the  punctual  pay- 
ment of  the  principal  of  and  the  interest  on  this  bond. 

In  witness  whereof  the  Independent  School  Dis- 
trict has  caused  its  corporate  seal  to  be  hereto  affixed  and  this  bond  to  be 
signed  by  the  president  and  countersigned  by  the  secretary  of  the  board 
of  trustees;  the  date  of  this  bond,  in  conformity  with  the  order  above 

referred  to,  being  the  ....  day  of ,  19  .  . 

(e)    

President   Board    of    Trustees   of    Independent   School 

District. 

Countersigned : 


Secretary  Board  of  Trustees  of    Independent  School 

District. 


(Form  of  Coupon.) 

No $ 

Independent    School    District    in    the    county    of 

,    State    of    Texas,    promises    to    pay    to    bearer 

at  (b)    

on  the  ....  day  of ,  19  . . , 

($ )    dollars,   being    months'    interest   on 

Independent   School   District  Schoolhouse  Bond,   dated 

and  numbered  No 

(f)    

President  Board  of  Trustees. 

Secretary  Board  of  Trustees. 


636  TEXAS  CIVIL  FORM  BOOK. 

(Comptroller's   Certificate  to  Be  Printed  on  Bonds.) 

Office  of  the  Comptroller 

of 

The  State  of  Texas. 

• 

I,  ,  (g)  Comptroller  of  Public  Accounts,  certify  that 

there  is  on  file  and  of  record  in  my  office  a  certificate  of  the  Attorney- 
General  of  the  State  of  Texas  to  the  effect  that  this  bond  has  been 
examined  by  him,  as  required  by  Article  918d,  Eevised  Statutes  of 
1895,  and  that  he  finds  that  it  has  been  issued  in  conformity  with  the 
Constitution  and  laws  of  the  State  of  Texas,  and  that  it  is  a  valid  and 

binding  obligation  upon  said Independent  School  District 

of  Texas,  and  said  bond  has  this  day  been  registered  by  me. 

Witness  my  hand  and  the  seal  of  my  office  this  ....  day  of , 

19  . 


Comptroller  of  Public  Accounts  of  the  State  of  Texas. 


KOTES. 

(a)  Insert  "annually"   or   "  semi-annually  "   as   it   was   stated   in   the  bond 
order. 

(b)  Name  the  place  or  places  of  payment  as  stated  in  bond  ordei.     If  more 
than  one,  do  not  omit  the  words  "  at  the  option  of  the  holder." 

(c)  Name  the  same  person  or  persons  who  were  named  in  paragraph  6  of  the 
bond  order. 

(d)  State  purpose  exactly  as  it  is  stated  in  bond  order. 

(e)  When  the  bonds  are  presented  to  the  Attorney-General  for  approval,  each 
must  be  signed  by  the  president  and  secretary  of  the  board  and  bear  the  impress 
of  the  seal  of  the  district. 

IT  is  NOT  XECESSABY  that  the  bonds  shall  be  sent  by  messenger  to  the  Attor- 
ney-General.    They  may  be  sent  by  express, 

(f)  When  the  copy  of  bond  is  sent  to  the  printer,  send  also  a  copy  of  the 
signatures  of  the  president  and  secretary,  if  it  is  desired  to  have  the  signatures 
lithographed  on  the  coupons. 

(g)  Insert  the  name  of  the  Comptroller. 


No.  749. 

PROCEEDINGS  NECESSARY  TO  AUTHORIZE  THE  LEVY  OF  A  TAX 
FOR  THE  SUPPORT  AND  MAINTENANCE  OF  SCHOOLS. 

(f)     ELECTION  ORDER. 
(Form  No.  25.) 

Be  it  ordered  by  the  board  of  trustees  of Independent 

School  District  that  an  election  be  held  at (a) 

in  the  town  of in  said Independent  School  Dis- 
trict on  the  ....  day  of ,   19.  .,  to  determine  if  the  board   of 


TEXAS  CIVIL  FOUM  BOOK.  637 

trustees  of  said  district  shall  have  power  to  annually  levy  and  collect 
a  tax  upon  all  taxable  property  in  said  district,  for  the  support  and  main- 
tenance of  public  free  schools  in  said Independent  School 

District,  of  and  at  the  rate  of  (b) ! ; 

such  tax,  if  voted,  to  be  levied  and  collected  for  the  year (c) 

and  annually  thereafter  unless  it  be  discontinued  as  provided  by  law. 

is  hereby  appointed  manager  of  said  election,  and  he 

shall  select  two  judges  and  two  clerks  to  assist  him  in  holding  the  same. 

None  but  property  taxpayers,  as  shown  by  the  last  assessment  rolls  (d) 
who  are  qualified  voters  in  said Independent  School  Dis- 
trict, shall  vote  at  said  election. 

A  copy  of  this  order  signed  by  the  president  and  attested  by  the 
secretary  of  this  board  shall  serve  as  proper  notice  of  said  election,  and 
the  president  shall  cause  notice  of  said  election  to  be  given  in  accordance 
with  law  (e).  . 


NOTES. 

(a)  Designate  the  place  —  that  is,   the  office,  store  or  building  —  where  the 
polls  will  be  opened. 

(b)  Insert  here:     "not  exceeding  one-half  of  one   per  cent  ad   valorem,"  or 
the   proposition  may   be  for  a  specific   per  cent,  not  exceeding  50  cents  on  the 
$100.     Jn  the  latter  case,  insert  here:     •' cents  on  the  $100  valua- 
tion thereof." 

(c)  If  the  election  will  be  held  before  the  completion  of  the  tax  rolls  for  the 
current  year,  insert  here  the  number  of  the  current  year.     Otherwise,  insert  the 
number  of  the  ensuing  year. 

(d)  Xote  that  only  property  taxpayers  in  the  district  who?e  names  appear 
on  the  last  assessment  rolls,  and  who  are  qualified  voters  in  the  district,  can  vote 
at  the  election. 

(e)  Five  copies  of  this  order  should  be  made  and  signed  by  the  president  and 
set  retary  of  the  board,  under  the  seal  of  the  district. 

Three  to  be  posted  in  different  portions  of  the  district,  one  of  them  at  the 
place  designated  for  holding  the  election,  for  thirty  full  days  before  the  date  of 
the  election. 

The  fourth  copy  to  be  published  in  a  newspaper,  if  there  is  a  newspaper  pub- 
lished in  the  district,  once  a  week  for  four  consecutive  weeks  before  the  election 
day,  the  first  publication  to  appear  at  least  thirty  days  before  the  election. 

The  fifth  copy  to  be  filed  in  the  office  of  the  secretary  of  the  board  after  there 
has  been  attached  to  it  ( 1 )  the  affidavit  of  the  person  who  posted  the  notices, 
stating  the  date  when  and  naming  the  places  where  he  posted  the  notices ;  and 
'2)  the  affidavit  of  the  publisher  of  the  newspaper,  giving  the  dates  of  publica- 
tion. 

The  returns  of  the  election  and  order  declaring  the  result  of  the  election 
should  follow  the  Forms  Nos.  18  and  19.  The  returns  must  be  recorded.  (See 
note  c  to  Form  18.) 

<f)  "One  election  and  no  more  shall  be  held  hereafter  in  any  one  calendar 
year  to  ascertain  whether  a  school  tax  shall  be  levied."  (Section  142,  Chapter 
124.  General  Laws,  Regular  Session.  Twenty-ninth  Legislature — same  numbered 
section  of  The  School  Laws,  1905  compilation). 


638  TEXAS  CIVIL  FORM  BOOK. 

No.  750. 

(a)     ORDER  LEVYING  TAXES. 
.   (Form  No.  26.) 

Be  it  ordered  by  the  board  of  trustees  of Independent 

School  District  that  there  is  hereby  levied  for  the  year (b)  on  all 

real  property  situated  and  all  property  owned  within  the  limits  of  the 

Independent  School  District  on  the  first  day  of  January 

of  the  current  year,  except  so  much  thereof  as  may  be  exempt  by  the 
Constitution  and  laws  of  this  State  or  the  United  States,  the  following 
taxes : 

First.  An  ad  valorem  tax  of  and  at  the  rate  of cents  on  the 

one  hundred  dollars  cash  value  thereof,  estimated  in  lawful  currency  of 
the  United  States,  for  the  support  and  maintenance  of  public  free  schools 
in  said Independent  School  District. 

Second.  An  ad  valorem  tax  of  and  at  the  rate  of cents  on 

the  one  hundred  dollars  cash  value  thereof,  estimated  in  lawful  currency 
of  the  United  States,  to  pay  current  interest  on  and  provide  one  year's 
sinking  fund  for  the  bonds  of  said  district  dated (c). 

Third (d) 


NOTES. 

(a)  It  requires  five  members  of  the  board  to  constitute  a  quorum  at  a  meet- 
ing for  the  imposition  of  taxes. 

(b)  Inse'rt  the  number  of  the  current  year.     An  order  should  be  passed  each 
year  levying  such  taxes  as  are  desired  to  be  collected  for  the  year,  within  the 
limit  of  the  taxes  previously  voted. 

(c)  Insert   date   of  the  bonds.     If  the  bonds   were  authorized  by  an  order 
passed  during  the  current  year  and  before  this  order  is  passed,  in  which  order 
this  tax  was  levied  for  the  current  year,  add  here :     "  this  levy  being  made  in 
ratification  of,  but  not  in  addition  to,  the  levy  of  said  tax  made  by  the  order  of 

this  board  passed  on  the day  of    ,   19 . . ,  authorizing  the 

issuance  of  said  bonds." 

(d)  If  the  district  has  issued  more  than  one  series  of  bonds,  a  tax  must  be 
levied  for  each  series.     The  total  taxes  levied  for  bonds  must  not  exceed  twenty- 
five   ^25)  cents. 

The  tax  for  maintenance  and  support  of  schools  must  never  exceed  the  amount 
voted,  which  may  be  not  exceeding  50  cents  on  the  $100. 


TEXAS  CIVIL  FORM  BOOK.  639 

REFUNDING  BONDS. 

1.  Bead  Section  156  of  Chapter  124,  General  Laws  of  Regular  Ses- 
sion of  Twenty-ninth  Legislature  (same  numbered  section  of  The  School 
Laws,   1905   compilation)   and  Article   918e   of   Revised   Statutes,   as 
amended  by  Chapter  13  of  General  Laws  of  Regular  Session  of  Twenty- 
seventh  Legislature  (page  116  of  Supplement  to  Sayles'  Texas  Civil 
Statutes). 

2.  The  bond  record  in  regard  to  refunding  bonds  submitted  to  the 
Attorney-General  must  contain: 

(a)  All  the  data  with  respect  to  the  original  issue;  that  is,  Forms 
14  to  23,  both  inclusive. 

(b)  And  with  respect  to  the  new  bonds,  a  certified  copy  of  Form 
27;  and  Forms  21,  22  and  23. 

(c)  Form  of  bond.    Follow  Form  24,  making  the  necessary  changes. 


No.  751. 

(a)     ORDER  FOR  REFUNDING  BONDS. 

(Form  No.  27.) 

Whereas,  by  order  of  the  board  of  trustees  passed  on  the  ....  day 

of ,  19. .,  the Independent  School  District  legally 

issued  its  bonds  dated to  the  amount  of  $ ,  bear- 
ing ....  per  cent  interest,  of  which  issue  there  are  now  outstanding  and 
unpaid  bonds  amounting  in  the  aggregate  to  the  sum  of  $ ;  and 

Whereas  the  board  of  trustees  of  said Independent 

School  District  deem  it  advisable  and  to  the  interest  of  said  district 
that  new  bonds  be  issued  in  lieu  thereof : 

Therefore  be  it  ordered  by  the  board  of  trustees  of  said 

Independent  School  District,  as  follows: 

1.  That  the  bonds  of  said  district,  to  be  called  " Inde- 
pendent School  District  Refunding  Bonds,"  be  issued  under  and  by 
virtue  of  Section  156  of  Chapter  124  of  the  General  Laws  of  the  Regular 

Session  of  the  Twenty-ninth  Legislature,  to  the  amount  of  $ (b), 

for  the  purpose  of  paying  off,  canceling  and  in  lieu  of  a  like  amount  of 
the  legally  issued  and  outstanding  bonds  of  said  district  dated 


2.  (Same  as  section  2  of  Form  20.) 

3.  (Same  as  section  3  of  Form  20.) 

4.  (Same  as  section  4  of  Form  20.)  (c) 

5.  (Same  as  section  5  of  Form  20.) 

6.  (Same  as  section  6  of  Form  20.) 

7.  (Same  as  section  7  of  Form  20.) 

8.  That  each  of  said  bonds  shall  contain  the  following  recitals  and 
provisions : 


640  TEXAS  CIVIL  FORM  BOOK. 

"  It  is  hereby  recited  and  certified  that  the  series  of  bonds  is  issued 

in  lieu  of  a  like  amount  of  bonds  of  said  Independent 

School  District  heretofore  legally  issued  and  which  were  outstanding' 
and  unpaid  at  the  date  of  the  issuance  of  this  series  of  bonds;  that  all 

acts,  conditions  and  things  required  to  be  done  and  performed 

(continue  as  in  section  8  of  form  20  to  the  end  of  that  section). 
9.   (Same  as  section  9  of  Form  20.) 

10 (d) 

11.   (Same  as  section  11  of  Form  20.) 

13 (e) 

NOTES. 

(a)  No  election  is  necessary  to  authorize  the  issuance  of  refunding  bonds. 
There  must  be  at  least  five  members  of  the  board  present  at  the  meeting  at 

which  this  order  is  passed. 

(b)  The  money  in  the  sinking  fund  for  the  bonds  to  be  refunded  must  be 
applied,  as  far  as  it  will  go,  to  the  payment  of  those  bonds,  and  new  bonds  may 
be  issued  for  the  balance,  only. 

(c)  The  new  bonds  may  bear  the  same  rate  of  interest  as,  or  a,  Uss  rate  than, 
the  bonds  to  be  refunded. 

(d)  If  this  order  is  passed  before  any  taxes  are  levied  for  the  year,  follow 
section   10  of  Form  20. 

If  before  this  order  is  passed  a  tax  was  levied,  for  the  year,  for  the  bonds  to 
be  refunded,  section  10  should  read: 

"  10.  That  to  raise  said  sum  of  $ for  the  first  year,  there  is  hereby 

appropriated  the  tax  of  cents  on  the  $100,  levied  by  this  board  on 

the  day  of  ,  19...  to  provide  for  interest  and  sinking 

fund  on  the  bonds  in  lieu  of  which  this  series  of  bonds  is  issued,  which  tax  shall 
be  collected  and  so  applied." 

(e)  Copy  section  12  of  Form  20  and  add,  after  the  words  "exclusive  of  com- 
missions," the  following:    "and  he  is  further  authorized  to  apply  the  said  pro- 
ceeds thereof  to  the  payment  and  discharge  of  said  bonds  in  lieu  of  which  this 
series  of  bonds  is  issued." 

See  29th  Leg.,  Reg.  Ses.   (1905),  p.  25.   - 


TEXAS  CIVIL  FORM  BOOK.  641 

BANKRUPT  LAW  OF  1898  WITH  AMENDMENT  1903. 
[PUBLIC  —  No.  62.] 

An  Act  to  establish  a  uniform  system  of  bankruptcy  throughout  the  United  States. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America,  in  Congress  assembled: 

CHAPTER  I. 

DEFINITIONS. 

SECTION  1.  MEANING  OF  WORDS  AND  PHRASES. —  a.  The  words  and 
phrases  used  in  this  act  and  in  proceedings  pursuant  hereto  shall,  unless 
the  same  be  inconsistent  with  the  context,  be  construed  as  follows: 
(1)  "A  person  against  whom  a  petition  has  been  filed"  shall  include  a 
person  who  has  filed  a  voluntary  petition;  (2)  "adjudication"  shall 
mean  the  date  of  the  entry  of  a  decree  that  the  defendant,  in  a  bank- 
ruptcy proceeding,  is  a  bankrupt,  or  if  such  decree  is  appealed  from, 
then  the  date  when  such  decree  is  finally  confirmed;  (3)  "appellate 
courts  "  shall  include  the  circuit  courts  of  appeals  of  the  United  States, 
the  supreme  courts  of  the  Territories,  and  the  Supreme  Court  of  the 
United  States;  (4)  "bankrupt"  shall  include  a  person  against  whom 
an  involuntary  petition  or  an  application  to  set  a  composition  aside  or 
to  revoke  a  discharge  has  been  filed,  or  who  has  filed  a  voluntary  petition, 
or  who  has  been  adjudged  a  bankrupt;  (5)  "clerk"  shall  mean  the 
clerk  of  a  court  of  bankruptcy;  (6)  "  corporations  "  shall  mean  all  bodies 
having  any  of  the  powers  and  privileges  of  private  corporations  not 
possessed  by  individuals  or  partnerships,  and  shall  include  limited  or 
other  partnership  associations  organized  under  laws  making  the  capital 
subscribed  alone  responsible  for  the  debts  of  the  association;  (?)  "court" 
shall  mean  the  court  of  bankruptcy  in  which  the  proceedings  are  pend- 
ing, and  may  include  the  referee;  (8)  "courts  of  bankruptcy"  shall 
include  the  district  courts  of  the  United  States  and  of  the  Territories, 
the  Supreme  Court  of  the  District  of  Columbia,  and  the  United  States 
Court  of  the  Indian  Territory,  and  of  Alaska;  (9)  "creditor"  shall  in- 
clude anyone  who  owns  a  demand  or  claim  provable  in  bankruptcy,  and 
may  include  his  duly  authorized  agent,  attorney,  or  proxy;  (10)  "date 
of  bankruptcy,"  or  "  time  of  bankruptcy,"  or  "  commencement  of  pro- 
ceedings," or  "  bankruptcy,"  with  reference  to  time,  shall  mean  the  date 
when  the  petition  was  filed;  (11)  "debt"  shall  include  any  debt,  demand 
or  claim  provable  in  bankruptcy;  (12)  "  discharge  "  shall  mean  the  re- 
lease of  a  bankrupt  from  all  of  his  debts  which  are  provable  in  bank- 
ruptcy, except  such  as  are  excepted  by  this  act;  (13)  "document"  shall 
include  any  book,  deed  or  instrument  in  writing;  (14)  "holiday"  shall 
include  Christmas,  the  Fourth  of  July,  the  Twenty-second  of  February, 
Form  Book  —  41. 


642  TEXAS  CIVIL  FORM  BOOK. 

and  any  day  appointed  by  the  President  of  the  United  States  or  the 
Congress  of  the  United  States  as  a  holiday  or  as  a  day  of  public  fasting 
or  thanksgiving;  (15)  a  person  shall  be  deemed  insolvent  within  the 
provisions  of  this  act  whenever  the  aggregate  of  his  property,  exclusive 
of  any  property  which  he  may  have  conve}red,  transferred,  concealed, 
or  removed,  or  permitted  to  be  concealed  or  removed,  with  intent  to 
defraud,  hinder  or  delay  his  creditors,  shall  not,  at  a  fair  valuation,  be 
sufficient  in  amount  to  pay  his  debts;  (16)  "  judge  "  shall  mean  a  judge 
of  a  court  of  bankruptcy,  not  including  the  referee;  (17)  "oath"  shall 
include  affirmation;  (18)  "officer"  shall  include  clerk,  marshal,  receiver, 
referee  and  trustee,  and  the  imposing  of  a  duty  upon  or  the  forbidding 
of  an  act  by  any  officer  shall  include  his  successor  and  any  person 
authorized  by  law  to  perform  the  duties  of  such  officer;  (19)  "  persons  " 
shall  include -corporations,  except  where  otherwise  specified,  and  officers, 
partnerships,  and  women,  and  when  used  with  reference  to  the  commis- 
sion of  acts  which  are  herein  forbidden  shall  include  persons  who  are 
participants  in  the  forbidden  acts,  and  the  agents,  officers,  and  mem- 
bers of  the  board  of  directors  or  trustees,  or  other  similar  controlling 
bodies  of  corporations;  (20)  "petition"  shall  mean  a  paper  filed  in  a 
court  of  bankruptcy  or  with  a  clerk  or  deputy  clerk  by  a  debtor  pray- 
ing for  the  benefits  of  this  act,  or  by  creditors  alleging  the  commission 
of  an  act  of  bankruptcy  by  a  debtor  therein  named;  (21)  "referee" 
shall  mean  the  referee  who  has  jurisdiction  of  the  case  or  to  whom 
the  case  has  been  referred,  or  anyone  acting  in  his  stead;  (22)  "con- 
ceal" shall  include  secrete,  falsify,  and  mutilate;  (23)  "secured  cred- 
itor" shall  include  a  creditor  who  has  security  for  his  debt  upon  the 
property  of  the  bankrupt  of  a  nature  to  be  assignable  under  this  act, 
or  who  owns  such  a  debt  for  which  some  indorser,  surety,  or  other  person 
secondarily  liable  for  the  bankrupt  has  such  security  upon  the  bank- 
rupt's assets;  (24)  "States'"  shall  include  the  Territories,  the  Indian 
Territory,  Alaska,  and  the  District  of  Columbia;  (25)  "transfer"  shall 
include  the  sale  and  every  other  and  different  mode  of  disposing  of  or 
parting  with  property,  or  the  possession  of  property,  absolutely  or 
conditionally,  as  a  payment,  pledge,  mortgage,  gift,  or  security; 
(26)  "  trustee  "  shall  include  all  of  the  trustees  of  an  estate;  (27)  "wage 
earner  "  shall  mean  an  individual  who  works  for  wages,  salary  or  hire, 
at  a  rate  of  compensation  not  exceeding  one  thousand  five  hundred 
dollars  per  year;  (28)  words  importing  the  masculine  gender  may  be 
applied  to  and  include  corporations,  partnerships,  and  women ; 
(29)  words  importing  the  plural  number  may  bbe  applied  to  and  mean 
only  a  single  person  or  thing;  (30)  words  importing  the  singular  num- 
ber may  be  applied  to  and  mean  several  persons  or  things. 

CHAPTER  II. 

CREATION  OF   COURTS   OF   BANKRUPTCY   AND  THEIR   JURISDICTION. 

SEC.  2.  That  the  courts  of  bankruptcy  as  hereinbefore  defined,  viz., 
the  district  courts  of  the  United  States  in  the  several  States,  the  Su- 


TEXAS  CIVIL  FORM  BOOK.  643 

preme  Court  of  the  District  of  Columbia,  the  district  courts  of  the 
several  Territories,  and  the  United  States  Courts  in  the  Indian  Territory, 
and  the  District  of  Alaska,  are  hereby  made  courts  of  bankruptcy,  and 
are  hereby  invested  within  their  respective  territorial  limits  as  now 
established,  or  as  they  may  be  hereafter  changed,  with  such  jurisdiction 
at  law  and  in  equity  as  will  enable  them  to  exercise  original  jurisdiction 
in  bankruptcy  proceedings,  in  vacation  in  chambers  and  during  their 
respective  terms,  as  they  are  now  or  may  be  hereafter  held,  to  (1)  ad- 
judge persons  bankrupt  who  have  had  their  principal  place  of  business, 
resided,  or  had  their  domicile  within  their  respective  territorial  juris- 
dictions for  the  preceding  six  months,  or  the  greater  portion  thereof, 
or  who  do  not  have  their  principal  place  of  business,  reside,  or  have 
their  domicile  within  the  United  States,  but  have  property  within  their 
jurisdictions,  or  who  have  been  adjudged  bankrupts  by  courts  of  compe- 
tent jurisdiction  without  the  United  States  and  have  property  within 
their  jurisdictions;  (2)  allow  claims,  disallow  claims,  reconsider  allowed 
or  disallowed  claims,  and  allow  or  disallow  them  against  bankrupt 
estates;  (3)  appoint  receivers  or  the  marshals,  upon  application  of  par- 
ties in  interest,  in  case  the  courts  shall  find  it  absolutely  necessary,  for 
the  preservation  of  estates,  to  take  charge  of  the  property  of  bankrupts 
after  the  filing  of  the  petition  and  until  it  is  dismissed  or  the  trustee  is 
qualified;  (4)  arraign,  try  and  punish  bankrupts,  officers  and  other 
persons,  and  the  agents,  officers,  members  of  the  board  of  directors  or 
trustees,  or  other  similar  controlling  bodies,  of  corporations  for  viola- 
tions of  this  act,  in  accordance  with  the  laws  of  procedure  of  the  United 
States  now  in  force,  or  such  as  may  be  hereafter  enacted,  regulating 
trials  for  the  alleged  violation  of  laws  of  the  United  States;  (5)  author- 
ize the  business  of  bankrupts  to  be  conducted  for  limited  periods  by 
receivers,  the  marshals,  or  trustees,  if  necessary  in  the  best  interests 
of  the  estates;  (6)  bring  in  and  substitute  additional  persons  or  parties 
in  proceedings  in  bankruptcy  when  necessary  for  the  complete  deter- 
mination of  a  matter  in  controversy;  (7)  cause  the  estates  of  bankrupts 
to  be  collected,  reduced  to  money  and  distributed,  and  determine  con- 
troversies in  relation  thereto,  except  as  herein  otherwise  provided ; 
(8)  close  estates,  whenever  it  appears  that  they  have  been  fully  admin- 
istered, by  approving  the  final  accounts  and  discharging  the  trustees, 
and  reopen  them  whenever  it  appears  they  were  closed  before  being  fully 
administered;  (9)  confirm  or  reject  composition?  between  debtors  and 
their  creditors,  and  set  aside  composition?  and  reinstate  the  eases; 
(10)  consider  and  confirm,  modify  or  overrule,  or  return  with  instruc- 
tions for  further  proceedings,  records  and  findings  certified  to  them  by 
referees;  (11)  determine  all  claims  of  bankrupts  to  their  exemptions; 
(12)  discharge  or  refuse  to  discharge  bankrupts  and  set  aside  discharges 
and  reinstate  the  cases;  (13)  enforce  obedience  by  bankrupts,  officers  and 
other  persons  to  all  lawful  orders,  by  fine  or  imprisonment  or  fine  and 
imprisonment;  (14)  extradite  bankrupts  from  their  respective  districts 
to  other  districts;  (15)  make  such  orders,  issue  such  process,  and  enter 


644  TEXAS  CIVIL  FORM  BOOK. 

such  judgments  in  addition  to  those  specifically  provided  for  as  may  be 
necessary  for  the  enforcement  of  the  provisions  of  this  act;  (16)  punish 
persons  for  contempt  committed  before  referees;  (17)  pursuant  to  the 
recommendation  of  creditors,  or  when  they  neglect  to  recommend  the 
appointment  of  trustees,  appoint  trustees,  and  upon  complaints  of 
creditors,  remove  trustees  for  cause  upon  hearings  and  after  notices  to 
them;  (18)  tax  costs,  whenever  they  are  allowed  by  law,  and  render 
judgments  therefor  against  the  unsuccessful  party,  or  the  successful 
party  for  cause,  or  in  part  against  each  of  the  parties,  and  against  estates. 
in  proceedings  in  bankruptcy;  and  (19)  transfer  cases  to  other  courts 
of  bankruptcy. 

Nothing  in  this  section  contained  shall  be  construed  to  deprive  a  court 
of  bankruptcy  of  any  power  it  would  possess  were  certain  specific  powers 
not  herein  enumerated. 

CHAPTER  III. 

BANKRUPTS. 

SEC.  3.  ACTS  OF  BANKRUPTCY. —  a.  Acts  of  bankruptcy  by  a  person 
shall  consist  of  his  having  (1)  conveyed,  transferred,  concealed,  or  re- 
moved, or  permitted  to  be  concealed  or  removed,  any  part  of  his  prop- 
erty with  intent  to  hinder,  delay,  or  defraud  his  creditors,  or  any  of 
them;  or  (2)  transferred,  while  insolvent,  any  portion  of  his  property 
to  one  or  more  of  his  creditors  with  intent  to  prefer  such  creditors  over 
his  other  creditors;  or  (3)  suffered  or  permitted,  while  insolvent,  any 
creditor  to  obtain  a  preference  through  legal  proceedings,  and  not  having 
at  least  five  days  before  a  sale  or  final  disposition  of  any  property 
affected  by  such  preference  vacated  or  discharged  such  preference;  or 

(4)  made   a  general   assignment   for   the   benefit  of  his  creditors;  or 

(5)  admitted  in  writing  his  inability  to  pa}'  his  debts  and  his  willingness 
to  be  adjudgged  a  bankrupt  on  that  ground. 

b.  A  petition  may  be  filed  against  a  person  who  is  insolvent  and  who 
has  committed  an  act  of  bankruptcy  within  four  months  after  the  com- 
mission of  such  act.     Such  time  shall  not  expire  until  four  months  after 
(1)  the  date  of  the  recording  or  registering  of  the  transfer  or  assign- 
ment when  the  act  consists  in  having  made  a  transfer  of  any  of  his 
property  with  intent  to  hinder,  delay,  or  defraud  his  creditors  or  for  the 
purpose  of  giving  a  preference  as  hereinbefore  provided,  or  a  general 
assignment  for  the  benefit  of  his  creditors,  if  by  law  such  recording  or 
registering  is  required  or  permitted,  or,  if  it  is  not,  from  the  date  when 
the  beneficiary  takes  notorious,  exclusive,  or  continuous  possession  of  the 
property  unless  the  petitioning  creditors  have  received  actual  notice  of 
such  transfer  or  assignment. 

c.  It  shall  be  a  complete  defense  to -any  proceedings  in  bankruptcy 
instituted  under  the  first  subdivision  of  this  section  to  allege  and  prove 
that  the  party  proceeded  against  was  not  insolvent  as  defined  in  this  act 
at  the  time  of  the  filing  the  petition  against  him,  and  if  solvency  at  such 
date  is  proved  by  the  alleged  bankrupt  the  proceedings  shall  be  dismissed, 


TEXAS  CIVIL  FORM  BOOK.  645 

and  under  said  subdivision  one  the  burden  of  proving  solvency  shall  be 
on  the  alleged  bankrupt. 

d.  Whenever  a  person  against  whom  a  petition  has  been  filed  as  here- 
inbefore provided  under  the  second  and  third  subdivisions  of  this  section 
takes  issue  with  and  denies  the  allegation  of  his  insolvency,  it  shall  be 
his  duty  to  appear  in  court  on  the  hearing,  with  his  books,  papers  and 
accounts,  and  submit  to  an  examination,  and  give  testimony  as  to  all 
matters  tending  to  establish  solvency  or  insolvency,  and  in  case  of  his 
failure  to  so  attend  and  submit  to  examination  the  burden  of  proving 
his  solvency  shall  rest  upon  him. 

e.  Whenever  a  petition  is  filed  by  any  person  for  the  purpose  of  having 
another  adjudged  a  bankrupt,  and  an  application  is  made  to  take  charge 
of  and  hold  the  property  of  the  alleged  bankrupt,  or  any  part  of  the 
same,  prior  to  the  adjudication  and  pending  a  hearing  on  the  petition, 
the  petitioner  or  applicant  shall  file  in  the  same  court  a  bond  with  at 
least  two  good  and  sufficient  sureties  who  shall  reside  within  the  juris- 
diction of  said  court,  to  be  approved  by  the  court  or  a  judge  thereof,  in 
such  sum  as  the  court  shall  direct,  conditioned  for  the  payment,  in  case 
such  petition  is  dismissed,  to  the  respondent,  his  or  her  personal  repre- 
sentatives, all  costs,  expenses  and  damages  occasioned  by  such  seizure, 
taking  and  detention  of  the  property  of  the  alleged  bankrupt. 

If  such  petition  be  dismissed  by  the  court  or  withdrawn  by  the  peti- 
tioner, the  respondent  or  respondents  shall  be  allowed  all  costs,  counsel 
fees,  expenses  and  damages  occasioned  by  such  seizure,  taking,  or  de- 
tention of  such  property.  Counsel  fees,  costs,  expenses  and  damages 
shall  be  fixed  and  allowed  by  the  court,  and  paid  by  the  obligors  in  such 
bond. 

SEC.  4.  WHO  MAY  BECOME  BANKRUPTS. —  a.  Any  person  who  owes 
debts,  except  a  corporation,  shall  be  entitled  to  the  benefits  of  this  act 
as  a  voluntary  bankrupt. 

b.  Any  natural  person,  except  a  wage  earner  or  a  person  engaged 
chiefly  in  farming  or  the  tillage  of  the  soil,  any  unincorporated  com- 
pany, and  any  corporation  engaged  principally  in  manufacturing,  trad- 
ing, printing,  publishing,  or  mercantile  pursuits,  owing  debts  to  the 
amount  of  one  thousand  dollars  or  over,  may  be  adjudged  an  involuntary 
bankrupt  upon  default  or  an  impartial  trial,  and  shall  be  subject  to  the 
provisions  and  entitled  to  the  benefits  of  this  act.  Private  bankers,  but 
not  national  banks  or  banks  incorporated  under  State  or  Territorial 
laws,  may  be  adjudged  involuntary  bankrupts. 

SEC.  5  PARTNERS. —  a.  A  partnership  during  the  continuation  of  the 
partnership  business,  or  after  its  dissolution  and  before  the  final  settle- 
ment thereof  may  be  adjudged  a  bankrupt. 

b.  The  creditors  of  the  partnership  shall  appoint  the  trustee;  in  other 
respects  so  far  as  possible  the  estate  shall  be  administered  as  herein  pro- 
vided for  other  estates. 


646  TEXAS  CIVIL  FORM  BOOK. 

c.  The  court  of  bankruptcy  which  has  jurisdiction  of  one  of  the  part- 
ners may  have  jurisdiction  of  all  the  partners  and  of  the  administration 
of  the  partnership  and  individual  property. 

d.  The  trustee  shall  keep  separate  accounts  of  the  partnership  prop- 
erty and  of  the  property  belonging  to  the  individual  partners. 

e.  The  expenses  shall  be  paid  from  the  partnership  property  and  the 
individual  property  in  such  proportions  as  the  court  shall  determine. 

f.  The  net  proceeds  of  the  partnership  property  shall  be  appropriated 
to  the  payment  of  the  partnership  debts,  and  the  net  proceeds  of  the 
individual  estate  of  each  partner  to  the  payment  of  his  individual  debts. 
Should  any  surplus  remain  of  the  property  of  any  partner  after  paying 
his  individual  debts,  such  surplus  shall  be  added  to  the  partnership 
assets  and  be  applied  to  the  payment  of  the  partnership  debts.     Should 
any  surplus  of  the  partnership  property  remain  after  paying  the  partner- 
ship debts,  such  surplus  shall  be  added  to  the  assets  of  the  individual 
partners  in  the  proportion  of  their  respective  interests  in  the  partnership. 

g.  The  court  may  permit  the  proof  of  the  claim  of  the  partnership 
estate  against  the  individual  estates,  and  vice  versa,  and  may  marshal  the 
assets  of  the  partnership  estate  and  individual  estates  so  as  to  prevent 
preferences  and  secure  the  equitable  distribution  of  the  property  of  the 
several  estates. 

h.  In  the  event  of  one  or  more  but  not  all  of  the  members  of  a  partner- 
ship being  adjudged  bankrupt,  the  partnership  property  shall  not  be 
administered  in  bankruptcy,  unless  by  consent  of  the  partner  or  partners 
not  adjudged  bankrupt;  but  such  partner  or  partners  not  adjudged 
bankrupt  shall  settle  the  partnership  business  as  expeditiously  as  its 
nature  will  permit,  and  account  for  the  interest  of  the  partner  or  part- 
ners adjudged  bankrupt. 

SEC.  6.  EXEMPTIONS  OF  BANKRUPTS. —  a.  This  act  shall  not  affect 
the  allowance  to  bankrupts  of  the  exemptions  which  are  prescribed  by 
the  State  laws  in  force  at  the  time  of  the  filing  of  the  petition  in  the 
State  wherein  they  have  had  their  domicile  for  the  six  months  or  the 
greater  portion  thereof  immediately  preceding  the  filing  of  the  petition. 

SEC.  7.  DUTIES  OF  BANKRUPTS. —  a.  The  bankrupt  shall  (1)  attend 
the  first  meeting  of  his  creditors,  if  directed  by  the  court  or  a  judge 
thereof  to  do  so,  and  the  hearing  upon  his  application  for  a  discharge, 
if  filed;  (2)  comply  with  all  lawful  orders  of  the  court;  (3)  examine  the 
correctness  of  all  proofs  of  claims  filed  against  his  estate;  (4)  execute 
and  deliver  such  papers  as  shall  be  ordered  by  the  court;  (5)  execute  to 
his  trustee  transfers  of  all  his  property  in  foreign  countries;  (6)  imme- 
diately inform  his  trustee  of  any  attempt,  by  his  creditors  or  other  per- 
sons, to  evade  the  provisions  of  this  act,  coming  to  his  knowledge; 
(7)  in  case  of  any  person  having  to  his  knowledge  proved  a  false  claim 
against  his  estate,  disclose  that  fact  immediately  to  his  trustee;  (8)  pre- 
pare, make  oath  to,  and  file  in  court  within  ten  days,  unless  further  time 
is  granted,  after  the  adjudication,  if  an  involuntary  bankrupt,  and  with 


TEXAS  CIVIL  FORM  BOOK.  647 

the  petition  if  a  voluntary  bankrupt,  a  schedule  of  his  property,  show- 
ing the  amount  and  kind  of  property,  the  location  thereof,  its  money 
value  in  detail,  and  a  list  of  his  creditors,  showing  their  residences,  if 
known,  if  unknown,  that  fact  to  be  stated,  the  amounts  due  each  of 
them,  the  consideration  thereof,  the  security  held  by  them,  if  any,  and  a 
claim  for  such  exemptions  as  he  may  be  entitled  to,  all  in  triplicate,  one 
copy  of  each  for  the  clerk,  one  for  the  referee,  and  one  for  the  trustee; 
and  (9)  when  present  at  the  first  meeting  of  his  creditors,  and  at  such 
other  times  as  the  court  shall  order,  submit  to  an  examination  concern- 
ing the  conducting  of  his  business,  the  cause  of  his  bankruptcy,  his  deal- 
ings with  his  creditors  and  other  persons,  the  amount,  kind,  and  where- 
abouts of  his  property,  and,  in  addition,  all  matters  which  may  affect 
the  administration  and  settlement  of  his  estate;  but  no  testimony  given 
by  him  shall  be  offered  in  evidence  against  him  in  any  criminal  pro- 
ceeding. 

Provided,  however,  that  he  shall  not  be  required  to  attend  a  meeting 
of  his  creditors,  or  at  or  for  an  examination  at  a  place  more  than  one 
hundred  and  fifty  miles  distant  from  his  home  or  principal  place  of  busi- 
ness, or  to  examine  claims  except  when  presented  to  him,  unless  ordered 
by  the  court,  or  a  judge  thereof,  for  cause  shown,  and  the  bankrupt 
shall  be  paid  his  actual  expenses  from  the  estate  when  examined  or 
required  to  attend  at  any  place  other  than  the  city,  town  or  village  of  his 
residence. 

SEC.  8.  DEATH  OR  INSANITY  OF  BANKRUPT. — a.  The  death  or 
insanity  of  a  bankrupt  shall  not  abate  the  proceedings,  but  the  same 
shall  be  conducted  and  concluded  in  the  same  manner,  so  far  as  possible, 
as  though  he  had  not  died  or  become  insaue:  Provided,  that  in  case  of 
death  the  widow  and  children  shall  be  entitled  to  all  rights  of  dower 
and  allowance  fixed  by  the  laws  of  the  State  of  the  bankrupt's  residence. 

SEC.  9.  PROTECTION  AND  DETENTION  OF  BANKRUPTS. —  a.  A  bank- 
rupt shall  be  exempt  from  arrest  upon  civil  process  except  in  the  fol- 
lowing cases:  (1)  When  issued  from  a  court  of  bankruptcy  for  con- 
tempt or  disobedience  of  its  lawful  orders;  (2)  when  issued  from  a  State 
court  having  jurisdiction,  and  served  within  such  State,  upon  a  debt  or 
claim  from  which  his  discharge  in  bankruptcy  would  not  be  a  release, 
and  in  such  case  he  shall  be  exempt  from  such  arrest  when  in  attend- 
ance upon  a  court  of  bankruptcy  or  engaged  in  the  performance  of  a 
duty  imposed  by  this  act. 

b.  The  judge  may,  at  any  time  after  the  filing  of  a  petition  by  or 
against  a  person,  and  before  the  expiration  of  one  month  after  the 
qualification  of  the  trustee,  upon  satisfactory  proof  by  the  affidavits  of 
at  least  two  persons  that  such  bankrupt  is  about  to  leave  the  district 
in  which  he  resides  or  has  his  principal  place  of  business  to  avoid  ex- 
amination, and  that  his  departure  will  defeat  the  proceedings  in  bank- 
ruptcy, issue  a  warrant  to  the  marshal,  directing  him  to  bring  such 
bankrupt  forthwith  before  the  court  for  examination.  If  upon  hear- 


648  TEXAS  CIVIL  FORM  BOOK. 

ing  the  evidence  of  the  parties  it  shall  appear  to  the  court  or  a  judge 
thereof  that  the  allegations  are  true  and  that  it  is  necessary,  he  shall 
order  such  marshal  to  keep  such  bankrupt  in  custody  not  exceeding 
ten  days  but  not  imprison  him,  until  he  shall  be  examined  and  released 
or  give  bail  conditioned  for  his  appearance  for  examination,  from  time 
to  time,  not  exceeding  in  all  ten  days,  as  required  by  the  court,  and  for 
his  obedience  to  all  lawful  orders  made  in  reference-  thereto. 

SEC.  10.  EXTRADITION  OF  BANKRUPTS. —  a.  Whenever  a  warrant  for 
the  apprehension  of  a  bankrupt .  shall  have  been  issued,  and  he  shall 
have  been  found  within  the  jurisdiction  of  a  court  other  than  the  one 
issuing  the  warrant,  he  may  be  extradited  in  the  same  manner  in  which 
persons  under  indictment  are  now  extradited  from  one  district  within 
which  a  district  court  has  jurisdiction  to  another. 

SEC.  11.  SUITS  BY  AND  AGAINST  BANKRUPTS. —  a.  A  suit  which  is 
founded  upon  a  claim  from  which  a  discharge  would  be  a  release,  and 
which  is  pending  against  a  person  at  the  time  of  the  filing  of  a  petition 
against  him,  shall  be  stayed  until  after  an  adjudication  or  the  dismissal 
of  the  petition ;  if  such  person  is  adjudged  a  bankrupt,  such  action  may 
be  further  stayed  until  twelve  months  after  the  date  of  such  adjudica- 
tion, or,  if  within  that  time  such  person  applies  for  a  discharge,  then 
until  the  question  of  such  discharge  is  determined. 

b.  The  court  may  order  the  trustee  to  enter  his  appearance  and  de- 
fend any  pending  suit  against  the  bankrupt. 

c.  A  trustee  may,  with  the  approval  of  the  court,  be  permitted  to 
prosecute  as  trustee  any  suit  commenced  by  the  bankrupt  prior  to  the 
adjudication,  with  like  force  and  effect  as  though  it  had  been  com- 
menced by  him. 

d.  Suits  shall  not  be  brought  by  or  against  a  trustee  of  a  bankrupt 
estate  subsequent  to  two  years  after  the  estate  has  been  closed. 

SEC.  12.  COMPOSITIONS,  WHEN  CONFIRMED. —  a.  A  bankrupt  may 
offer  terms  of  composition  to  his  creditors  #fter,  but  not  before,  he  has 
been  examined  in  open  court  or  at  a  meeting  of  his  creditors  and  filed 
in  court  the  schedule  of  his  property  and  list  of  his  creditors,  required 
to  be  filed  by  bankrupts. 

b.  An  application,  for  the  confirmation  of  a  composition  may  be  filed 
in  the  court  of  bankruptcy  after,  but  not  before,  it  has  been  accepted  in 
writing  by  a  majority  in  number  of  all  creditors  whose  claims  have  been 
allowed,  which  number  must  represent  a  majority  in  amount  of  such 
claims,  and  the  consideration  to  be  paid  by  the  bankrupt  to  his  cred- 
itors, and  the  money  necessary  to  pay  all  debts  which  have  priority  and 
the  cost  of  the  proceedings,  have  been  deposited  in  such  place  as  shall 
be  designated  by  and  subject  to  the  order  of  the  judge. 

c.  A  date  and  place,  with  reference  to  the  convenience  of  the  parties 
in  interest,  shall  be  fixed  for  the  hearing  upon  each  application  for  the 
confirmation  of  a  composition,  and  such  objections  as  may  be  made  to 
its  confirmation. 


TEXAS  CIVIL  FORM  BOOK.  649 

d.  The  judge  shall  confirm  a  composition  if  satisfied  (1)  that  it  is  for 
the  best  interests  of  the  creditors;  (2)  the  bankrupt  has  not  been  guilty 
of  any  of  the  acts  or  failed  to  perform  any  of  the  duties  which  would  be 
a  bar  to  his  discharge;  and  (3)  the  offer  and  its  acceptance  are  in  good 
faith  and  have  not  been  made  or  procured  except  as  herein  provided, 
or  by  any  means,  promises,  or  acts  herein  forbidden. 

e.  Upon  the  confirmation  of  a  composition,  the  consideration  shall  be 
distributed  as  the  judge  shall  direct,  and  the  case  dismissed.    Whenever 
a  composition  is  not  confirmed,  the  estate  shall  be  administered  in  bank- 
ruptcy as  herein  provided. 

SEC.  13.  COMPOSITIONS,  WHEN  SET  ASIDE. —  a.  The  judge  may,  upon 
the  application  of  parties  in  interest  filed  at  any  time  within  six  months 
after  a  composition  has  been  confirmed,  set  the  same  aside  and  reinstate 
the  case  if  it  shall  be  made  to  appear  upon  a  trial  that  fraud  was  prac- 
ticed in  the  procuring  of  such  composition,  and  that  the  knowledge 
thereof  has  come  to  the  petitioners  since  the  confirmation  of  such  com- 
position. 

SEC.  14.  DISCHARGES,  WHEN  GRANTED. —  a.  Any  person  may,  after 
the  expiration  of  one  month  and  within  the  next  twelve  months  subse- 
quent to  being  adjudged  a  bankrupt,  file  an  application  for  a  discharge 
in  the  court  of  bankruptcy  in  which  the  proceedings  are  pending :  if  it 
shall  be  made  to  appear  to  the  judge  that  the  bankrupt  was  unavoidably 
prevented  from  filing  it  within  such  time,  it  may  be  filed  within  but  not 
after  the  expiration  of  the  next  six  months. 

b.  The  judge  shall  hear  the  application  for  a  discharge,  and  such 
proofs  and  pleas  as  may  be  made  in  opposition  thereto  by  parties  in  in- 
terest, at  such  time  as  will  give  parties  in  interest  a  reasonable  oppor- 
tunity to  be  fully  heard,  and  investigate  the  merits  of  the  application 
and  discharge  the  applicant  unless  he  has   (1)   committed  an  offense 
punishable  by  imprisonment  as  herein  provided;  or  (2)   with  fraudu- 
lent intent  to  conceal  his  true  financial  condition  and  in  contempla- 
tion of  bankruptcy,  destroyed,  concealed,  or  failed   to  keep  books  of 
account  or  records  from  which  his  true  condition  might  be  ascertained. 

c.  The  confirmation  of  a  composition  shall  discharge  the  bankrupt 
from  his  debts,  other  than  those  agreed  to  be  paid  by  the  terms  of  the 
composition  and  those  not  affected  by  a  discharge. 

SEC.  15.  DISCHARGES,  WHEX  REVOKED. —  a.  The  judge  may,  upon 
the  application  of  parties  in  interest  who  have  not  been  guilty  of  undue 
laches,  filed  at  any  time  within  one  year  after  a  discharge  shall  have 
been  granted,  revoke  it  upon  a  trial  if  it  shall  be  made  to  appear  that 
it  was  obtained  through  the  fraud  of  the  bankrupt,  and  that  the  knowl- 
edge of  the  fraud  has  come  to  the  petitioners  since  the  granting  of  the 
discharge,  and  that  the  actual  facts  did  not  warrant  the  discharge. 

SEC.  16.  CO-DEBTORS  OF  BANKRUPTS. —  a.  The  liability  of  a  person 
who  is  a  co-debtor  with,  or  guarantor  or  in  any  manner  a  surety  for  a 
bankrupt  shall  not  be  altered  by  the  discharge  of  such  bankrupt. 


G50  TEXAS  CIVIL  FORM  BOOK. 

SEC.  17.  DEBTS  NOT  AFFECTED  BY  A  DISCHARGE. —  a.  A  discharge  in 
bankruptcy  shall  release  a  bankrupt  from  all  of  his  provable  debts,  ex- 
cept such  as  ( 1 )  are  due  as  a  tax  levied  by  the  United  States,  the  State, 
county,  district,  or  municipality  in  which  he  resides;  (2)  are  judg- 
ments in  actions  for  frauds,  or  obtaining  property  by  false  pretenses  or 
false  representations,  or  for  willful  and  malicious  injuries  to  the  person 
or  property  of  another;  (3)  have  not  been  duly  scheduled  in  time  for 
proof  and  allowance,  with  the  name  of  the  creditor  if  known  to  the 
bankrupt,  unless  such  creditor  had  notice  or  actual  knowledge  of  the 
proceedings  in  bankruptcy;  or  (4)  were  created  by  his  fraud,  embez- 
zlement, misappropriation,  or  defalcation  while  acting  as  an  officer  or 
in  any  fiduciary  capacity. 

CHAPTER  IV. 

COURTS    AND    PROCEDURE    THEREIN. 

SEC.  18.  PROCESS,  PLEADINGS,  AND  ADJUDICATIONS. —  a.  Upon  the 
filing  of  a  petition  for  involuntary  bankruptcy,  service  thereof,  with  a 
writ  of  subpoena,  shall  be  made  upon  the  person  therein  named  as  de- 
fendant in  the  same  manner  that  service  of  such  process  is  now  had 
upon  the  commencement  of  a  suit  in  equity  in  the  courts  of  the  United 
States,  except  that  it  shall  be  returnable  within  fifteen  days,  unless  the 
judge  shall  for  cause  fix  a  longer  time ;  but  in  case  personal  service  can- 
not be  made,  then  notice  shall  be  given  by  publication  in  the  same  man- 
ner and  for  the  same  time  as  provided  by  law  for  notice  by  publication 
in  suits  in  equity  in  courts  of  the  United  States. 

b.  The  bankrupt,  or  any  creditor,  may  appear  and  plead  to  the  peti- 
tion within  ten  days  after  the  return  day,  or  within  such  further  time 
as  the  court  may  allow. 

c.  All  pleadings  setting  up  matters  of  fact  shall  be  verified  under 
oath. 

d;  If  the  bankrupt,  or  any  of  his  creditors,  shall  appear,  within  the 
time  limited,  and  controvert  the  facts  alleged  in  the  petition,  the  judge 
shall  determine,  as  soon  as  may  be,  the  issues  presented  by  the  pleadings, 
without  the  intervention  of  a  jury,  except  in  cases  where  a  jury  trial  is 
given  by  this  act,  and  make  the  adjudication  or  dismiss  the  petition. 

e.  If  on  the  last  day  within  which  pleadings  may  be  filed  none  are 
filed  by  the  bankrupt  or  any  of  his  creditors,  the  judge  shall  on  the  next 
day,  if  present,  or  as  soon  thereafter  as  practicable,  make  the  adjudica- 
tion or  dismiss  the  petition. 

f.  If  the  judge  is  absent  from  the  district,  or  the  division  of  the  dis- 
trict in  which  the  petition  is  pending,  on  the  next  day  after  the  last  day 
on  which  pleadings  may  be  filed,  and  none  have  been  filed  by  the  bank- 
rupt or  any  of  his  creditors,  the  clerk  shall  forthwith  refer  the  case  to 
the  referee. 

g.  Upon  the  filing  of  a  voluntary  petition  the  judge  shall  hear  the 
petition  and  make  the  adjudication  or  dismiss  the  petition.     If  the 


TEXAS  CIVIL  FOEM  BOOK.  651 

judge  is  absent  from  the  district,  or  the  division  of  the  district  in 
which  the  petition  is  filed  at  the  time  of  the  filing,  the  clerk  shall  forth- 
with refer  the  case  to  the  referee. 

SEC.  19.  JURY  TRIALS. —  a.  A  person  against  whom  an  involuntary 
petition  has  been  filed  shall  be  entitled  to  have  a  trial  by  jury,  in  respect 
to  the  question  of  his  insolvency,  except  as  herein  otherwise  provided, 
and  any  act  of  bankruptcy  alleged  in  such  petition  to  have  been  com- 
mitted, upon  filing  a  written  application  therefor  at  or  before  the  time 
within  which  an  answer  may  be  filed.  If  such  application  is  not  filed 
within  such  time,  a  trial  by  jury  shall  be  deemed  to  have  been  waived. 

b.  If  a  jury  is  not  in  attendance  upon  the  court,  one  may  be  specially 
summoned  for  the  trial,  or  the  case  may  be  postponed,  or,  if  the  case  is 
pending  in  one  of  the  district  courts  within  the  jurisdiction  of  a  circuit 
court  of  the  United  States,  it  may  be  certified  for  trial  to  the  circuit 
court  sitting  at  the  same  place,  or  by  consent  of  parties  when  sitting  at 
any  other  place  in  the  same  district,  if  such  circuit  court  has  or  is  to 
have  a  jury  first  in  attendance. 

c.  The  right  to  submit  matters  in  controversy,  or  an  alleged  offense 
under  this  .act,  to  a  jury  «hall  be  determined  and  enjoyed,  except  as 
provided  in  this  act,  according  to  the  United  States  laws  now  in  force 
or  such  as  may  be  hereafter  enacted  in  relation  to  trials  by  jury. 

SEC.  20.  OATHS,  AFFIRMATIONS. —  a.  Oaths  required  by  this  act, 
except  upon  hearings  in  court,  may  be  administered  by  (1)  referees; 
(2)  officers  authorized  to  administer  oaths  in  proceedings  before  the 
courts  of  the  United  States,  or  under  the  laws  of  the  State  where  the 
same  are  to  be  taken;  and  (3)  diplomatic  or  consular  officers  of  the 
United  States  in  any  foreign  country. 

b.  Any  person  conscientiously  opposed  to  taking  an  oath  may,  in  lieu 
thereof,  affirm.  Any  person  who  shall  affirm  falsely  shall  be  punished 
as  for  the  making  of  a  false  oath. 

SEC.  21.  EVIDENCE. —  a.  A  court  of  bankruptcy  may.  upon  applica- 
tion of  any  officer,  bankrupt,  or  creditor,  by  order  require  any  desig- 
nated person,  including  the  bankrupt,  who  is  a  competent  witness  un- 
der the  laws  of  the  State  in  which  the  proceedings  are  pending,  to  ap- 
pear in  court  or  before  a  referee  or  the  judge  of  any  State  court,  to  be 
examined  concerning  the  acts,  conduct,  or  property  of  a  bankrupt  whose 
estate  is  in  process  of  administration  under  this  act. 

b.  The  right  to  take  depositions  in  proceedings  under  this  act  shall 
be  determined  and  enjoyed  according  to  the  United  States  laws  now  in 
force,  or  such  as  may  be  hereafter  enacted  relating  to  the  taking  of  de- 
positions, except  as  herein  provided. 

c.  Notice  of  the  taking  of  depositions  shall  be  filed  with  the  referee 
in  every  case.     When  depositions  are  to  be  taken  in  opposition  to  the 
allowance  of  a  claim  notice  shall  also  be  served  upon  the  claimant,  and 
when  in  opposition  to  a  discharge  notice  shall  also  be  served  upon  the 
bankrupt. 


652  TEXAS  CIVIL  FORM  BOOK. 

d.  Certified  copies  of  proceedings  before  a  referee,  or  of  papers,  when 
issued  by*  the  clerk  or  referee,  shall  be  admitted  as  evidence  with  like 
force  and  effect  as  certified  copies  of  the  records  of  the  district  courts 
of  the  United  States  are  now  or  may  hereafter  be  admitted  as  evidence. 

e.  A  certified  copy  of  the  order  approving  the  bond  of  a  trustee  shall 
constitute  conclusive  evidence  of  the  vesting  in  him  of  the  title  to  the 
property  of  the  bankrupt,  and  if  recorded  shall  impart  the  same  notice 
that  a  deed  from  the  bankrupt  to  the  trustee  if  recorded  would  have 
imparted  had  not  bankruptcy  proceedings  intervened. 

f.  A  certified  copy  of  an  order  confirming  or  setting  aside  a  composi- 
tion, or  granting  or  setting  aside  a  discharge,  not  revoked,  shall  be  evi- 
dence of  the  jurisdiction  of  the  court,  the  regularity  of  the  proceed- 
ings, and  of  the  fact  that  the  order  was  made. 

g.  A  certified  copy  of  an  order  confirming  a  composition  shall  consti- 
tute evidence  of  the  revesting  of  the  title  of  his  property  in  the  bank- 
rupt, and  if  recorded  shall  impart  the  same  notice  that  a  deed  from  the 
trustee  to  the  bankrupt  if  recorded  would  impart. 

SEC.  22.  BEFERENCES  OF  CASES  AFTER  ADJUDICATION. —  a.  After  a 
person  has  been  adjudged  a  bankrupt  the  judge  may  cause  the  trustee 
to  proceed  with  the  administration  of  the  estate,  or  refer  it  (1)  gener- 
ally to  the  referee  or  specially  with  only  limited  authority  to  act  in  the 
premises  or  to  consider  and  report  upon  specified  issues;  or  (2)  to  any 
referee  within  the  territorial  jurisdiction  of  the  court,  if  the  conven- 
ience of  parties  in  interest  will  be  served  thereby,  or  for  cause,  or  if  the 
bankrupt  does  not  do  business,  reside,  or  have  his  domicile  in  the  dis- 
trict. 

b.  The  judge  may,  at  any  time,  for  the  convenience  of  the  parties  or 
for  cause,  transfer  a  case  from  one  referee  to  another. 

SEC.  23.  JURISDICTION  OF  UNITED  STATES  AND  STATE  COURTS. — 
a.  The  United  States  circuit  courts  shall  have  jurisdiction  of  all  con- 
troversies at  law  and  in  equity,  as  distinguished  from  proceedings  in 
bankruptcy,  between  trustees  as  such  and  adverse  claimants  concern- 
ing the  property  acquired  or  claimed  by  the  trustees,  in  the  same  man- 
ner and  to  the  same  extent  only  as  though  bankruptcy  proceedings  had 
not  been  instituted  and  such  controversies  had  been  between  the  bank- 
rupts and  such  adverse  claimants. 

b.  Suits  by  the  trustee  shall  only  be  brought  or  prosecuted  in  the 
courts  where  the  bankrupt,  whose  estate  is  being  administered  by  such 
trustee,  might  have  brought  or  prosecuted  them  if  proceedings  in  bank-, 
ruptcy  had  not  been  instituted,  unless  by  consent  of  the  proposed  de- 
fendant. 

c.  The  United  States  circuit  courts  shall  have  concurrent  jurisdiction 
with  the  courts  of  bankruptcy,  within  their  respective  territorial  limits, 
of  the  offenses  enumerated  in  this  act. 

SEC.  24.  JURISDICTION  OF  APPELLATE  COURTS. —  a.  The  Supreme 
Court  of  the  United  States,  the  circuit  courts  of  appeals  of  the  United 


TEXAS  CIVIL  FOUM  BOOK.  653 

States,  and  the  supreme  courts  of  the  Territories,  in  vacation  in  cham- 
bers and  during  their  respective  terms,  as  now  or  as  they  may  be  here- 
after held,  are  hereby  invested  with  appellate  jurisdiction  of  contro- 
versies arising  in  bankruptcy  proceedings  from  the  courts  of  bankruptcy 
from  which  they  have  appellate  jurisdiction  in  other  cases.  The  Su- 
preme Court  of  the  United  States  shall  exercise  a  like  jurisdiction  from 
courts  of  bankruptcy  not  within  any  organized  circuit  of  the  United 
States  and  from  the  supreme  court  of  the  District  of  Columbia. 

b.  The  several  circuit  courts  of  appeal  shall  have  jurisdiction  in 
equity,  either  interlocutory  or  final,  to  superintend  and  revise  in  matter 
of  law  the  proceedings  of  the  several  inferior  courts  of  bankruptcy 
within  their  jurisdiction.  Such  power  shall  be  exercised  on  due  notice 
and  petition  by  any  party  aggrieved. 

SEC.  25.  APPEALS  AXD  WRITS  OF  ERROR. —  a.  That  appeals,  as  in 
equity  cases,  may  be  taken  in  bankruptcy  proceedings  from  the  courts  of 
bankruptcy  to  the  circuit  court  of  appeals  of  the  United  States,  and 
to  the  supreme  court  of  the  Territories,  in  the  following  cases,  to  wit, 
(1)  from  a  judgment  adjudging  or  refusing  to  adjudge  the  defendant 
a  bankrupt;  (2)  from  a  judgment  granting  or  denying  a  discharge;  and 
(3)  from  a  judgment  allowing  or  rejecting  a  debt  or  claim  of  five  hun- 
dred dollars  or  over.  Such  appeal  shall  be  taken  within  ten  days  after 
the  judgment  appealed  from  has  been  rendered,  and  may  be  heard  and 
determined  by  the  appellate  court  in  term  of  vacation,  as  the  case  may 
be. 

b.  From  any  final  decision  of  a  court  of  appeals,  allowing  or  rejecting 
a  claim  under  this  act,  an  appeal  may  be  had  under  such  rules  and 
within  such  time  as  may  be  prescribed  by  the  Supreme  Court  of  the 
United  States,  in  the  following  cases  and  no  other: 

1.  Where  the  amount  in  controversy  exceeds  the  sum  of  two  thou- 
sand dollars,  and  the  question  involved  is  one  which  might  have  been 
taken  on  appeal  or  writ  of  error  from  the  highest  court  of  a  State  to 
the  Supreme  Court  of  the  United  States;  or 

2.  Where  some  justice  of  the  Supreme  Court  of  the  United  States 
shall  certify  that  in  his  opinion  the  determination  of  the  question  or 
questions  involved  in  the  allowance  or  rejection  of  such  claim  is  essen- 
tial to  a  uniform  construction  of  this  act  throughout  the  United  States. 

c.  Trustees  shall  not  be  required  to  give  bond  when  they  take  appeals 
or  sue  out  writs  of  error. 

d.  Controversies  may  be  certified  to  the  Supreme  Court  of  the  United 
States  from  other  courts  of  the  United  States,  and  the  former  court 
may  exercise  jurisdiction  thereof  and  issue  writs  of  certiorari  pursuant 
to  the  provisions  of  the  United  States  laws  now  in  force  or  such  as  may 
be  hereafter  enacted. 

SEC.  26.  ARBITRATION  OF  CONTROVERSIES. —  a.  The  trustee  may,  pur- 
suant to  the  direction  of  the  court,  submit  to  arbitration  any  contro- 
versy arising  in  the  settlement  of  the  estate. 


654  TEXAS  CIVIL  FORM  BOOK. 

b.  Three  arbitrators  shall  be  chosen  by  mutual  consent,  or  one  by  the 
trustee,  one  by  the  other  party  to  the  controversy,  and  the  third  by  the 
two  so  chosen,  or  if  they  fail  to  agree  in  five  days  after  their  appoint- 
ment the  court  shall  appoint  the  third  arbitrator. 

c.  The  written  finding  of  the  arbitrators,  or  a  majority  of  them,  as  to 
the  issues  presented,  may  be  filed  in  court  and  shall  have  like  force  and 
effect  as  the  verdict  of  a  jury. 

SEC.  27.  COMPROMISES. —  a.  The  trustee  may,  with  the  approval  of 
the  court,  compromise  any  controversy  arising  in  the  administration  of 
the  estate  upon  such  terms  as  he  may  deem  for  the  best  interest  of  the 
estate. 

SEC.  28.  DESIGNATION  OP  NEWSPAPERS. —  a.  Courts  of  bankruptcy 
shall  by  order  designate  a  newspaper  published  within  their  respective 
territorial  districts,  and  in  the  county  in  which  the  bankrupt  resides 
or  the  major  part  of  his  property  is  situated,  in  which  notices  required 
to  be  published  by  this  act  and  orders  which  the  court  may  direct  to 
be  published  shall  be  inserted.  Any  court  may  in  a  particular  case,  for 
the  convenience  of  parties  in  interest,  designate  some  additional  news- 
paper in  which  notices  and  orders  in  such  case  shall  be  published. 

SEC.  29.  OFFENSES. —  a.  A  person  shall  be  punished,  by  imprison- 
ment for  a  period  of  not  to  exceed  five  years,  upon  conviction  of  the 
offense  of  having  knowingly  and  fraudulently  appropriated  to  his  own 
use,  embezzled,  spent,  or  unlawfully  transferred  any  property  or  secreted 
or  destroyed  any  document  belonging  to  a  bankrupt  estate  which  came 
into  his  charge  as  trustee. 

b.  A  person  shall  be  punished,  by  imprisonment  for  a  period  not  to 
exceed  two  years,  upon  conviction  of  the  offense  of  having  knowingly 
and  fraudulently  (1)  concealed  while  a  bankrupt,  or  after  his  discharge, 
from  his  trustee  any  of  the  property  belonging  to  his  estate  in  bank- 
ruptcy; or  (2)   made  a  false  oath  or  account  in,  or  in  relation  to,  any 
proceeding  in  bankruptcy;    (3)    presented  under  oath  any  false  claim 
for  proof  against  the  estate  of  a  bankrupt,  or  used  any  such  claim  in 
composition  personally  or  by  agent,  proxy,  or  attorney,  or   as  agent, 
proxy,  or  attorney;  or   (4)    received  any  material  amount  of  property 
from  a  bankrupt  after  the  filing  of  the  petition,  with  intent  to  defeat 
this  act;  or  (5)  extorted  or  attempted  to  extort  any  money  or  property 
from  any  person  as  a  consideration  for  acting  or  forbearing  to  act  in 
bankruptcy  proceedings. 

c.  A  person  shall  be  punished  by  fine,  not  to  exceed  five  hundred  dol- 
lars, and  forfeit  his  office,  and  the  same  shall  thereupon  become  vacant, 
upon  conviction  of  the  offense  of  having  knowingly    (1)    acted  as  a 
referee  in  a  case  in  which  he  is  directly  or  indirectly  interested;  or  (2) 
purchased  while  a  referee,  directly  or  indirectly,  any  property  of  the 
estate  in  bankruptcy  of  which  he  is  referee;  or   (3)   refused,  while  a 
referee  or  trustee,  to  permit  a  reasonable  opportunity  for  the  inspection 
of  the  accounts  relating  to  the  affairs  of,  and  the  papers  and  records  of, 
estates  in  his  charge  by  parties  in  interest  when  directed  by  the  court 
FO  to  do. 


TEXAS  CIVIL  FORM  BOOK.  655 

d.  A  person  shall  not  be  prosecuted  for  any  offense  arising  under  this 
act  unless  the  indictment  is  found  or  the  information  is  filed  in  court 
within  one  year  after  the  commission  of  the  offense. 

SEC.  30.  RULES,  FORMS,  AND  ORDERS. —  a.  All  necessary  rules,  forms, 
and  orders  as  to  procedure  and  for  carrying  this  act  into  force  and 
effect  shall  be  prescribed,  and  may  be  amended  from  time  to  time,  by 
the  Supreme  Court  of  the  United  States. 

SEC.  31.  COMPUTATION  OF  TIME. —  a.  Whenever  time  is  enumerated 
by  days  in  this  act,  or  in  any  proceeding  in  bankruptcy,  the  number  of 
days  shall  be  computed  by  excluding  the  first  and  including  the  last, 
unless  the  last  fall  on  a  Sunday  or  holiday,  in  which  event  the  day 
last  included  shall  be  the  next  day  thereafter  which  is  not  a  Sunday  or 
a  legal  holiday. 

SEC.  32.  TRANSFER  OF  CASES. —  a.  In  the  event  petitions  are  filed 
against  the  same  person,  or  against  different  members  of  a  partnership, 
in  different  courts  of  bankruptcy  each  of  which  has  jurisdiction,  the 
cases  shall  be  transferred,  by  order  of  the  courts  relinquishing  juris- 
diction, to  and  be  consolidated  by  the  one  of  such  courts  which  can  pro- 
ceed with  the  same  for  the  greatest  convenience  of  parties  in  interest. 

CHAPTER  V. 

OFFICERS,    THEIR    DUTIES    AND    COMPENSATION. 

SEC.  33.  CREATION  OF  Two  OFFICES. —  a.  The  offices  of  referee  and 
trustee  are  hereby  created. 

SEC.  34.  APPOINTMENT,  REMOVAL,  AND  DISTRICTS  OF  REFEREES.— 
a.  Courts  of  bankruptcy  shall,  within  the  territorial  limits  of  which 
they  respectively  have  jurisdiction,  (1)  appoint  referees,  each  for  a 
term  of  two  years,  and  may,  in  their  discretion,  remove  them  because 
their  services  are  not  needed  or  for  other  cause;  and  (2)  designate,  and 
from  time  to  time  change,  the  limits  of  the  districts  of  referees,  so  that 
each  county,  where  the  services  of  a  referee  are  needed,  may  constitute 
at  least  one  district. 

SEC.  35.  QUALIFICATIONS  OF  REFEREES. —  a.  Individuals  shall  not 
be  eligible  to  appointment  as  referees  unless  they  are  respectively  (1) 
competent  to  perform  the  duties  of  that  office;  (2)  not  holding  any 
office  of  profit  or  emolument  under  the  laws  of  the  United  States  or  of 
any  State  other  than  commissioners  of  deeds,  justices  of  the  peace,  mas- 
ters in  chancery,  or  notaries  public;  (3)  not  related  by  consanguinity 
or  affinity,  within  the  third  degree  as  determined  by  the  common  law, 
to  any  of  the  judges  of  the  courts  of  bankruptcy  or  circuit  courts  of 
the  United  States,  or  of  the  justices  or  judges  of  the  appellate  courts 
of  the  districts  wherein  they  may  be  appointed;  and  (4)  residents  of, 
or  have  their  offices  in,  the  territorial  districts  for  which  they  are  to  be 
appointed. 

SEC.  36.  OATHS  OF  OFFICE  OF  REFEREES. —  a.  Referees  shall  take  the 
same  oath  of  office  as  that  prescribed  for  judges  of  the  United  States 
courts. 


656 

SEC.  37.  XUMBEE  OF  EEFEREES. —  a.  Such  number  of  referees  shall 
be  appointed  as  may  be  necessary  to  assist  in  expeditiously  transacting 
the  bankruptcy  business  pending  in  the  various  courts  of  bankruptcy. 

SEC.  38.  JURISDICTION  OF  EEFEREES. —  a.  Referees  respectively  are 
hereby  invested,  subject  always  to  a  review  by  the  judge,  within  the 
limits  of  their  districts  as  established  from  time  to  time,  with  juris- 
diction to  (1)  consider  all  petitions  referred  to  them  by  the  clerks  and 
make  the  adjudications  or  dismiss  the  petitions;  (2)  exercise  the  powers 
vested  in  courts  of  bankruptcy  for  the  administering  of  oaths  to  and 
the  examination  of  persons  as  witnesses  and  for  requiring  the  produc- 
tion of  documents  in  proceedings  before  them,  except  the  power  of  com- 
mitment; (3)  exercise  the  powers  of  the  judge  for  the  taking  possession 
and  releasing  of  the  property  of  the  bankrupt  in  the  event  of  the  issu- 
ance by  the  clerk  of  a  certificate  showing  the  absence  of  a  judge  from 
the  judicial  district,  or  the  division  of  the  district,  or  his  sickness,  or 
inability  to  act;  (4)  perform  such  part  of  the  duties,  except  as  to  ques- 
tions arising  out  of  the  applications  of  bankrupts  for  compositions  or 
discharges,  as  are  by  this  act  conferred  on  courts  of  bankruptcy  and  as 
shall  be  prescribed  by  rules  or  orders  of  the  courts  of  bankruptcy  of 
their  respective  districts,  except  as  herein  otherwise  provided;  and 
(5)  upon  the  application  of  the  trustee  during  the  examination  of  the 
bankrupts,  or  other  proceedings,  authorize  the  employment  of  stenog- 
raphers at  the  expense  of  the  estates  at  a  compensation  not  to  exceed 
ten  cents  per  folio  for  reporting  and  transcribing  the  proceedings. 

SEC.  39.  DUTIES  OF  EEFEREES. —  a.  Eeferees  shall  (1)  declare  divi- 
dends and  prepare  and  deliver  to  trustees  dividend  sheets  showing  the 
dividends  declared  and  to  whom  payable;  (2)  examine  all  schedules  of 
property  and  lists  of  creditors  filed  by  bankrupts  and  cause  such  as 
are  incomplete  or  defective  to  be  amended;  (3)  furnish  such  informa- 
tion concerning  the  estates  in  process  of  administration  before  them  as 
may  be  requested  by  the  parties  in  interest;  (4)  give  notices  to  cred- 
itors as  herein  provided;  (5)  make  up  records  embodying  the  evidence, 
or  the  substance  thereof,  as  agreed  upon  by  the  parties  in  all  contested 
matters  arising  before  them,  whenever  requested  to  do  so  by  either  of 
the  parties  thereto,  together  with  their  findings  therein,  and  transmit 
them  to  the  judges;  (6)  prepare  and  file  the  schedules  of  property  and 
list  of  creditors  required  to  be  filed  by  the  bankrupts,  or  cause  the  same 
to  be  done,  when  the  bankrupts-  fail,  refuse,  or  neglect  to  do  so; 
(7)  safely  keep,  perfect,  and  transmit  to  the  clerks  the  records,  herein 
required  to  be  kept  by  them,  when  the  cases  are  concluded;  (8)  transmit 
to  the  clerks  such  papers  as  may  be  on,  file  before  them  whenever  the 
same  are  needed  in  any  proceedings  in  courts,  and  in  like  manner  se- 
cure the  return  of  such  papers  after  they  have  been  used,  or,  if  it  be 
impracticable  to  transmit  the  original  papers,  transmit  certified  copies 
thereof  by  mail;  (9)  upon  application  of  any  party  in  interest,  pre- 
serve the  evidence  taken  or  the  substance  thereof  as  agreed  upon  by  the 


TEXAS  CIVIL  FORM  BOOK.  657 

parties  before  them  when  a  stenographer  is  not  in  attendance;  and 
(10)  whenever  their  respective  offices  are  in  the  same  cities  or  towns 
where  the  courts  of  bankruptcy  convene,  call  upon  and  receive  from  the 
clerks  all  the  papers  filed  in  courts  of  bankruptcy  which  have  been 
referred  to  them. 

b.  Referees  shall  not  (1)  act  in  cases  in  which  they  are  directly  or 
indirectly  interested;  (2)  practice  as  attorneys  and  counsellors  at  law 
in  any  bankruptcy  proceedings;  or  (3)  purchase,  directly  or  indirectly, 
any  property  of  an  estate  in  bankruptcy. 

SEC.  40.  COMPENSATION  OF  REFEREES. —  a.  Referees  shall  receive  as 
full  compensation  for  their  services,  payable  after  they  are  rendered,  a 
fee  of  ten  dollars  deposited  with  the  clerk  at  the  time  the  petition  is 
filed  in  each  case,  except  when  a  fee  is  not  required  from  a  voluntary 
bankrupt,  and  from  estates  which  have  been  administered  before  them 
one  per  centum  commissions  on  sums  to  be  paid  as  dividends  and  com- 
missions, or  one-half  of  one  per  centum  on  the  amount  to  be  paid  to 
creditors  upon  the  confirmation  of  a  composition. 

b.  Whenever  a  case  is  transferred  from  one  referee  to  another  the 
judge  shall  determine  the  proportion,  in  which  the  fee  and  commissions 
therefor  shall  be  divided  between  the  referees. 

c.  In  the  event  of  the  reference  of  a  case  being  revoked  before  it  is 
concluded,  and  when  the  case  is  specially  referred,  the  judge  shall  de- 
termine what  part  of  the  fee  and  commissions  shall  be  paid  to  the 
referee. 

SEC.  41.  CONTEMPTS  BEFORE  REFEREES. —  a.  A  person  shall  not,  in 
proceedings  before  a  referee,  (1)  disobey  or  resist  any  lawful  order, 
process,  or  writ;  (2)  misbehave  during  a  hearing  or  so  near  the  place 
thereof  as  to  obstruct  the  same;  (3)  neglect  to  produce,  after  having 
been  ordered  to  do  so,  any  pertinent  document;  or  (4)  refuse  to  appear 
after  having  been  subprenaed,  or,  upon  appearing,  refuse  to  take  the 
oath  as  a  witness,  or,  after  having  taken  the  oath,  refuse  to  be  exam- 
ined according  to  law:  Provided,  that  no  person  shall  be  required  to 
attend  as  a  witness  before  a  referee  at  a  place  outside  of  the  State  of 
his  residence,  and  more  than  one  hundred  miles  from  such  place  of 
residence,  and  only  in  case  his  lawful  mileage  and  fee  for  one  day's 
attendance  shall  be  first  paid  or  tendered  to  him. 

b.  The  referee  shall  certify  the  facts  to  the  judge,  if  any  person 
shall  do  any  of  the  things  forbidden  in  this  section.  The  judge  shall 
thereupon,  in  a  summary  manner,  hear  the  evidence  as  to  the  acts  com- 
plained of,  and,  if  it  is  such  as  to  warrant  him  in  so  doing,  punish  such 
person  in  the  same  manner  and  to  the  same  extent  as  for  a  contempt 
committed  before  the  court  of  bankruptcy,  or  commit  such  person  upon 
the  same  conditions  as  if  the  doing  of  the  forbidden  act  had  occurred 
with  reference  to  the  process  of,  or  in  the  presence  of,  the  court. 

SEC.  42.  RECORDS  OF  REFEREES. —  a.  The  records  of  all  proceedings 
in  each  case  before  a  referee  shall  be  kept  as  nearly  as  may  be  in  the 
Form  Book  —  42. 


658  TEXAS  CIVIL  FORM  BOOK. 

same  manner  as  records  are  now  kept  in  ,equity  cases  in  circuit  courts 
of  the  United  States. 

b.  A  record  of  the  proceedings  in  each  case  shall  be  kept  in  a  separate 
book  or  Books,  and  shall,  together  with  the  papers  on  file,  constitute 
the  record  of  the  case. 

c.  The  book  or  books  containing  a  record  of  the  proceedings  shall, 
when  the  case  is  concluded  before  the  referee,  be  certified  to  by  him, 
and,  together  with  such  papers  as  are  on  file  before  him,  be  transmitted 
to  the  court  of  bankruptcy  and  shall  there  remain  as  a  part,  of  the 
records  of  the  court. 

SEC.  43.  BEFEREE'S  ABSENCE  OR  DISABILITY. —  a.  Whenever  the 
office  of  a  referee  is  vacant,  or  its  occupant  is  absent  or  disqualified  to 
act,  the  judge  may  act,  or  may  appoint  another  referee,  or  another  ref- 
eree holding  an  appointment  under  the  same  court  may,  by  order  of 
the  judge,  temporarily  fill  the  vacancy. 

SEC.  44.  APPOINTMENT  OF  TRUSTEES. —  a.  The  creditors  of  a  bank- 
rupt estate  shall,  at  their  first  meeting  after  the  adjudication  or  after  a 
vacancy  has  occurred  in  the  office  of  trustee,  or  after  an  estate  has  been 
reopened,  or  after  a  composition  has  been  set  aside  or  a  discharge  re- 
voked, or  if  there  is  a  vacancy  in  the  office  of  trustee,  appoint  one  trus- 
tee or  three  trustees  of  such  estate.  If  the  creditors  do  not  appoint  a 
trustee  or  trustees  as  herein  provided,  the  court  shall  do  so. 

SEC.  45.  QUALIFICATIONS  OF  TRUSTEES. —  a.  Trustees  may  be 
(1)  individuals  who  are  respectively  competent  to  perform  the  duties  of 
that  office  and  reside  or  have  an  office  in  the  judicial  district  within 
which  they  are  appointed;  or  (2)  corporations  authorized  by  their  char- 
ters or  by  law  to  act  in  such  capacity  and  having  an  office  in  the  judicial 
district  within  which  they  are  appointed. 

SEC.  :46.  DEATH  OR  KEMOVAL  OF  TRUSTEES.— a.  The  death  or  removal 
of  a  trustee  shall  not  abate  any  suit  or  proceedings  which  he  is  prose- 
cuting or  defending  at  the  time  of  his  death  or  removal,  but  the  same 
may  be  proceeded  with  or  defended  by  his  joint  trustee  or  successor  in 
the  same  manner  as  though  the  same  had  been  commenced  or  was 
being  defended  by  such  joint  trustee  alone  or  by  such  successor. 

SEC.  47.  DUTIES  OF  TRUSTEES.—  a.  Trustees  shall  respectively 
( 1 )  account  for  and  pay  over  to  the  estates  under  their  control  all  interest 
received  by  them  upon  property  of  such  estates;  (2)  collect  and  reduce 
to  money  the  property  of  the  estates  for  which  they  are  trustees,  under 
the  direction  of  the  court,  and  close  up  the  estate  as  expeditiously  as 
is  compatible  with  the  best  interests  of  the  parties  in  interest;  (3)  de- 
posit all  money  received  by  them  in  one  of  the  designated  depositories; 
(4)  disburse  money  only  by  check  or  draft  on  the  depositories  in  which 
it  has  been  deposited;  (5)  furnish  such  information  concerning  the  es- 
tates of  which  they  are  trustees  and  their  administration  as  may  be  re- 
quested by  parties  in  interest;  (6)  keep  regular  accounts  showing  all 
amounts  received  and  from  what  sources  and  all  amounts  expended 
and  on  what  accounts;  (7)  lay  before  the  final  meeting  of  the  cred- 


TEXAS  CIVIL  FORM  BOOK.  659 

itors  detailed  statements  of  the  administration  of  the  estates;  (8)  make 
final  reports  and  file  final  accounts  with  the  courts  fifteen  days  before 
the  days  fixed  for  the  final  meetings  of  the  creditors;  (9)  pay  dividends 
within  ten  days  after  they  are  declared  by  the  referees;  (10)  report  to 
the  courts,  in  writing,  the  condition  of  the  estates  and  the  amounts  of 
money  on  hand,  and  such  other  details  as  may  be  required  by  the  courts, 
within  the  first  month  after  their  appointment  and  every  two  months 
thereafter,  unless  otherwise  ordered  by  the  courts;  and  (11)  set  apart 
the  bankrupt's  exemptions  and  report  the  items  and  estimated  value 
thereof  to  the  court  as  soon  as  practicable  after  their  appointment. 

b.  Whenever  three  trustees  have  been  appointed  for  an  estate,  the 
concurrence  of  at  least  two  of  them  shall  be  necessary  to  the  validity 
of  their  every  act  concerning  the  administration  of  the  estate. 

SEC.  48.  COMPENSATION  OF  TRUSTEES. —  a.  Trustees  shall  receive,  as 
full  compensation  for  their  services,  payable  after  they  are  rendered,  a 
fee  of  five  dollars  deposited  with  the  clerk  at  the  time  the  petition  is 
filed  in  each  case,  except  when  a  fee  is  not  required  from  a  voluntary 
bankrupt,  and  from  estates  which  they  have  administered,  such  com- 
missions on  sums  to  be  paid  as  dividends  and  commissions  as  may  be 
allowed  by  the  courts,  not  to  exceed  three  per  centum  on  the  first  five 
thousand  dollars  or  less,  two  per  centum  on  the  second  five  thousand 
dollars  or  part  thereof,  and  one  per  centum  on  such  sums  in  excess  of 
ten  thousand  dollars. 

b.  In  the  event  of  an  estate  being  administered  by  three  trustees  in- 
stead of  one  trustee  or  by  successive  trustees,  the  court  shall  apportion 
the  fees  and  commissions  between  them  according  to  the  services  actu- 
ally rendered,  so  that  there  shall  not  be  paid  to  trustees  for  the  admin- 
istering of  any  estate  a  greater  amount  than  one  trustee  would  be  en- 
titled to. 

c.  The  court  may,  in  its  discretion,  withhold  all  compensation  from 
any  trustee  who  has  been  removed  for  cause. 

SEC.  49.  ACCOUNTS  AND  PAPERS  OF  TRUSTEES. —  a.  The  accounts 
and  papers  of  trustees  shall  be  open  to  the  inspection  of  officers  and  all 
parties  in  interest. 

SEC.  50.  BONDS  OF  REFEREES  AND  TRUSTEES. —  a.  Referees,  before 
assuming  the  duties  of  their  offices,  and  within  such  time  as  the  district 
courts  of  the  United  States  having  jurisdiction  shall  prescribe,  shall 
respectively  qualify  by  entering  into  bond  with  the  United  States  in 
such  sum  as  shall  be  fixed  by  such  courts,  not  to  exceed  five  thousand 
dollars,  with  such  sureties  as  shall  be  approved  by  such  courts,  condi- 
tioned for  the  faithful  performance  of  their  official  duties. 

b.  Trustees,  before  entering  upon  the  performance  of  their  official 
duties,  and  within  ten  days  after  their  appointment,  or  within  such 
further  time,  not  to  exceed  five  days,  as  the  court  may  permit,  shall 
respectively  qualify  by  entering  into  bond  to  the  United  States,  with  such 
sureties  as  snail  be  approved  by  the  courts,  conditioned  for  the  faith- 
ful performance  of  their  official  duties. 


660  TEXAS  CIVIL  FORM  BOOK. 

c.  The  creditors  of  a  bankrupt  estate,  at  their  first  meeting  after  the 
adjudication,  or  after  a  vacancy  has  occurred  in  the  office  of  trustee,  or 
after  an  estate  has  been  reopened,  or  after  a  composition  has  been  set 
aside  or  a  discharge  revoked,  if  there  is  a  vacancy  in  the  office  of  trustee, 
shall  fix  the  amount  of  the  bond  of  the  trustee;  they  may  at  any  time 
increase  the  amount  of  the  bond.     If  the  creditors  do  not  fix  the  amount 
of  the  bond  of  the  trustee  as  herein  provided  the  court  shall  do  so. 

d.  The  court  shall  require  evidence  as  to  the  actual  value  of  the  prop- 
erty of  sureties. 

e.  There  shall  be  at  least  two  sureties  upon  each  bond. 

f.  The  actual  value  of  the  property  of  the  sureties,  over  and  above 
their  liabilities '  and  exemptions,  on  each  bond  shall  equal  at  least  the 
amount  of  such  bond. 

g.  Corporations  organized  for  the  purpose  of  becoming  sureties  upon 
bonds,  or  authorized  by  law  to  do  so,  may  be  accepted  as  sureties  upon 
the  bonds  of  referees  and  trustees  whenever  the  courts  are  satisfied  that 
the  rights  of  all  parties  in  interest  will  be  thereby  amply  protected. 

h.  Bonds  of  referees,  trustees,  and  designated  depositories  shall  be 
filed  of  record  in  the  office  of  the  clerk  of  the  court  and  may  be  sued 
upon  in  the  name  of  the  United  States  for  the  use  of  any  person  injured 
by  a  breach  of  their  conditions. 

i.  Trustees  shall  not  be  liable,  personally  or  on  their  bonds,  to  the 
United  States,  for  any  penalties  or  forfeitures  incurred  by  the  bank- 
rupts under  this  act,  of  whose  estates  they  are  respectively  trustees. 

j.  Joint  trustees  may  give  joint  or  several  bonds. 

k.  If  any  referee  or  trustee  shall  fail  to  give  bond,  as  herein  provided 
and  within  the  time  limited,  he  shall  be  deemed  to  have  declined  his 
appointment,  and  such  failure  shall  create  a  vacancy  in  his  office. 

1.  Suits  upon  referees'  bonds  shall  not  be  brought  subsequent  to  two 
years  after  the  alleged  breach  of  the  bond. 

m.  Suits  upon  trustees'  bonds  shall  not  be  brought  subsequent  to 
two  years  after  the  estate  has  been  closed. 

SEC.  51.  DUTIES  OF  CLERKS. —  a.  Clerks  shall  respectively  (1)  ac- 
count for,  as  for  other  fees  received  by  them,  the  clerk's  fee  paid  in  each 
case  and  such  other  fees  as  may  be  received  for  certified  copies  of  rec- 
ords which  may  be  prepared  for  persons  other  than  officers;  (2)  collect 
the  fees  of  tbe  clerk,  referee,  and  trustee  in  each  case  instituted  before 
filing  the  petition,  except  the  petition  of  a  proposed  voluntary  bankrupt 
which  is  accompanied  by  an  affidavit  stating  that  the  petitioner  is  with- 
out, and  cannot  obtain,  the  money  with  which  to  pay  such  fees;  (3)  de- 
liver to  the  referees  upon  application  all  papers  which  may  be  referred 
to  them,  or,  if  the  offices  of  such  referees  are  not  in  the  same  cities  or 
towns  as  the  offices  of  such  clerks,  transmit  such  papers  by  mail,  and  in 
like  manner  return  papers  which  were  received  from  such  referees  after 
they  have  been  used;  (4)  and  within  ten  days  after  each  case  has  been 
closed  pay  to  the  referee,  if  the  case  was  referred,  the  fee  collected  for 
him,  and  to  the  trustee  the  fee  collected  for  him  at  the  time  of  filing 
the  petition. 


TEXAS  CIVIL  FORM  BOOK.  C61 

SEC.  52.  COMPENSATION  OF  CLERKS  AND  MARSHALS. —  a.  Clerks 
shall  respectively  receive  as  full  compensation  for  their  service  to  each 
estate,  a  filing  fee  of  ten  dollars,  except  when  a  fee  is  not  required  from 
a  voluntary  bankrupt. 

b.  Marshals  shall  respectively  receive  from  the  estate  where  an  adju- 
dication in  bankruptcy  is  made,  except  as  herein  otherwise  provided, 
for  the  performance  of  their  services  in  proceedings  in  bankruptcy,  the 
same  fees,  and  account  for  them  in  the  same  way,  as  they  are  entitled 
to  receive  for  the  performance  of  the  same  or  similar  services  in  other 
cases  in  accordance  with  laws  now  in  force,  or  such  as  may  be  hereafter 
enacted,  fixing  the  compensation  of  marshals. 

SEC.  53.  DUTIES  OF  ATTORNEY-GENERAL. —  a.  The  Attorney-General 
shall  annually  lay  before  Congress  statistical  tables  showing  for  the 
whole  country,  and  by  States,  the  number  of  cases  during  the  year  of 
voluntary  and  involuntary  bankruptcy;  the  amount  of  the  property  of 
the  estates ;  the  dividends  paid  and  the  expenses  of  administering  such 
estate;  and  such  other  like  information  as  he  may  deem  important. 

SEC.  54.  STATISTICS  OF  BANKRUPTCY  PROCEEDINGS. —  a.  Officers 
shall  furnish  in  writing  and  transmit  by  mail  such  information  as  is 
within  their  knowledge,  and  as  may  be  shown  by  the  records  and  papers 
in  their  possession,  to  the  Attorney-General,  for  statistical  purposes, 
within  ten  days  after  being  requested  by  him  to  do  so. 

CHAPTER  \7I. 

CREDITORS. 

SEC.  55.  MEETINGS  OF  CREDITORS. —  a.  The  court  shall  cause  the  first 
meeting  of  creditors  of  a  bankrupt  to  be  held,  not  less  than  ten  nor 
more  than  thirty  days  after  the  adjudication,  at  the  county  seat  of  the 
count)7  in  which  the  bankrupt  has  had  his  principal  place  of  business, 
resided,  or  had  his  domicile;  or  if  that  place  would  be  manifestly  incon- 
venient as  a  place  of  meeting  for  the  parties  in  interest,  or  if  the  bank- 
rupt is  one  who  does  not  do  business,  reside,  or  have  his  domicile  within 
the  United  States,  the  court  shall  fix  a  place  for  the  meeting  which  is 
the  most  convenient  for  the  parties  in  interest.  If  such  meeting  should 
by  any  mischance  not  be  held  within  such  time,  the  court  shall  fix  the 
date,  as  soon  as  may  be  thereafter,  when  it  shall  be  held. 

b.  At  the  first  meeting  of  the  creditors  the  judge  or  referee  shall 
preside,  and,  before  proceeding  with  the  other  business,  may  allow  or 
disallow  the  claims  of  creditors  there  presented,  and  may  publicly  ex- 
amine the  bankrupt  or  cause  him  to  be  examined  at  the  instance  of  any 
creditor. 

c.  The  creditors  shall  at  each  meeting  take  such  steps  as  may  be  per- 
tinent and  necessary  for  the  promotion  of  the  best  interests  of  the  estate 
and  the  enforcement  of  this  act. 

d.  A  meeting  of  creditors,  subsequent  to  the  first  one,  may  be  held  at 
any  time  and  place  when  all  the  creditors  who  have  secured  the  allow- 


662  TEXAS  CIVIL  FORM  BOOK. 

ance  of  their  claims  sign  a  written  consent  to  hold  a  meeting  at  such 
time  and  place. 

e.  The  court  shall  call  a  meeting  of  creditors  whenever  one-fourth  or 
more  in  number  of  those  who  have  proven  their  claims  shall  file  a  writ- 
ten request  to  that  effect;  if  such  request  is  signed  by  a  majority  of  such 
creditors,  which  number  represents  a  majority  in  amount  of  such  claims, 
and  contains  a  request  for  such  meeting  to  be  held  at  a  designated  place, 
the  court  shall  call  such  meeting  at  such  place  within  thirty  days  after 
the  date  of  the  filing  of  the  request. 

f.  Whenever  the  affairs  of  the  estate  are  ready  to  be  closed  a  final 
meeting  of  creditors  shall  be  ordered. 

SEC.  56.  VOTERS  AT  MEETINGS  OF  CREDITORS. —  a.  Creditors  shall 
pass  upon  matters  submitted  to  them  at  their  meetings  by  a  majority 
vote  in  number  and  amount  of  claims  of  all  creditors  whose  claims 
have  been  allowed  and  are  present,  except  as  herein  otherwise  provided. 

b.  Creditors  holding  claims  which  are  secured  or  have  priority  shall 
not,  in  respect  to  such  claims,  be  entitled  to  vote  at  creditors'  meetings, 
nor  shall  such  claims  be  counted  in  computing  either  the  number  of 
creditors  or  the  amount  of  their  claims,  unless  the  amounts  of  such 
claims  exceed  the  values  of  such  securities  or  priorities,  and  then  only 
for  such  excess. 

SEC.  57.  PROOF  AND  ALLOWANCE  OF  CLAIMS. —  a.  Proof  of  claims 
shall  consist  of  a  statement  under  oath,  in  writing,  signed  by  a  creditor 
setting  forth  the  claim,  the  consideration  therefor,  and  whether  any, 
and  if  so  what,  securities  are  held  therefor,  and  whether  any,  and,  if 
so  what,  payments  have  been  made  thereon,  and  that  the  sum  claimed 
is  justly  owing  from  the  bankrupt  to  the  creditor. 

b.  Whenever  a  claim  is  founded  upon  an  instrument  of  writing,  such 
instrument,  unless  lost  or  destroyed,  shall  be  filed  with  the  proof  of 
claim.     If  such  instrument  is  lost  or  destroyed,  a  statement  of  such 
fact  and  of  the  circumstance  of  such  loss  or  destruction  shall  be  filed 
under  oath  with  the  claim.     After  the  claim  is  allowed"  or  disallowed, 
such  instrument  may  be  withdrawn  by  permission  of  the  court,  upon 
leaving  a  copy  thereof  on  file  with  the  claim. 

c.  Claims  after  being  proved  may,  for  the  purpose  of  allowance,  be 
filed  by  the  claimants  in  the  court  where  the  proceedings  are  pending 
or  before  the  referee  if  the  case  has  been  referred. 

d.  Claims  which  have  been  duly  proved  shall  be  allowed,  upon  'receipt 
by  or  upon,  presentation  to  the  court,  unless  objection  to  their  allow- 
ance shall  be  made  by  parties  in  interest,  or  their  consideration  be  con- 
tinued for  cause  by  the  court  upon  its  own  motion. 

e.  Claims  of  secured  creditors  and  those  who  have  priority  may  be 
allowed  to  enable  such  creditors  to  participate  in  the  proceedings  at 
creditors'  meetings  held  prior  to  the  determination  of  the  value  of  their 
securities  or  priorities,  but  shall  be  allowed  for  such  sums  only  as  to 
the  courts  seem  to  be  owing  over  and  above  the  value  of  their  securities 
or  priorities. 


TEXAS  CIVIL  FOKM  BOOK.  663 

f.  Objections  to  claims  shall  be  heard  and  determined  as  soon  as  the 
convenience  of  the  court  and  the  best  interests  of  the  estates  and  the 
claimants  will  permit. 

g.  The  claims  of  creditors  who  have  received  preferences  shall  not  be 
allowed  unless  such  creditors  shall  surrender  their  preferences. 

h.  The  value  of  securities  held  by  secured  creditors  shall  be  de- 
termined by  converting  the  same  into  money  according  to  the  terms  of 
the  agreement  pursuant  to  which  such  securities  were  delivered  to  such 
creditors  or  by  such  creditors  and  the  trustee,  by  agreement,  arbitra- 
tion, compromise,  or  litigation  as  the  court  may  direct,  and  the  amount 
of  such  value  shall  be  credited  upon  such  claims,  and  a  dividend  shall 
be  paid  only  on  the  unpaid  balance. 

i.  Whenever  a  creditor,  whose  claims  against  a  bankrupt  estate  is  se- 
cured by  the  individual  undertaking  of  any  person,  fails  to  prove  such 
claim,  such  person  may  do  so  in  the  creditor's  name,  and  if  he  die- 
charge  such  undertaking  in  whole  or  in  part  he  shall  be  subrogated  to 
that  extent  to  the  rights  of  the  creditor. 

j.  Debts  owing  to  the  United  States,  a  State,  a  county,  a  district,  or 
a  municipality  as  a  penalty  or  forfeiture  shall  not  be  allowed,  except 
for  the  amount  of  the  pecuniary  loss  sustained  by  the  act,  transaction, 
or  proceeding  out  of  which  the  penalty  or  forfeiture  arose,  with  reason- 
able and  actual  costs  occasioned  thereby  and  such  interest  as  may  have 
accrued  thereon  according  to  law. 

k.  Claims  which  have  been  allowed  may  be  reconsidered  for  cause  and 
reallowed  or  rejected  in  whole  or  in  part,  according  to  the  equities  of 
the  case,  before  but  not  after  the  estate  has"  been  closed. 

1.  Whenever  a  claim  shall  have  been  reconsidered  and  rejected,  in 
whole  or  in  part,  upon  which  a  dividend  has  been  paid,  the  trustee  may 
recover  from  the  creditor  the  amount  of  the  dividend  received  upon  the 
claim  if  rejected  in  whole,  or  the  proportional  part  thereof  if  rejected 
only  in  part. 

m.  The  claim  of  any  estate  which  is  being  administered  in  bank- 
ruptcy against  any  like  estate  may  be  proved  by  the  trustee  and  allowed 
by  the  court  in  the  same  manner  and  upon  like  terms  as  the  claims  of 
other  creditors. 

n.  Claims  shall  not  be  proved  against  a  bankrupt  estate  subsequent  to 
one  year  after  the  adjudication;  or  if  they  are  liquidated  by  litigation 
and  the  final  judgment  therein  is  rendered  within  thirty  days  before  or 
after  the  expiration  of  such  time,  then  within  sixty  days  after  the  ren- 
dition of  such  judgment:  Provided,  that  the  right  of  infants  and  in- 
sane persons  without  guardians,  without  notice  of  the  proceedings,  may 
continue  six  months  longer. 

SEC.  58.  NOTICES  TO  CREDITORS. —  a.  Creditors  shall  have  at  least  ten 
days'  notice  by  mail,  to  their  respective  addresses  as  they  appear  in  the 
list  of  creditors  of  the  bankrupt  or  as  afterwards  filed  with  the  papers 
in  the  case  by  the  creditors,  unless  thev  waive  notice  in  writing,  of 
(1)  all  examinations  of  the  bankrupt;  (2)  all  hearings  upon  application 


664  TEXAS  CIVIL  FORM  BOOK. 

for  the  confirmation  of  compositions  or  the  discharge  of  bankrupts; 
(3)  all  meetings  of  creditors;  (4)  all  proposed  sales  of  property;  (5)  the 
declaration  and  time  of  payment  of  dividends;  (6)  the  filing  of  the 
final  accounts  of  the  trustee,  and  the  time  when  and  place,  where  they 
will  be  examined  and  passed  upon;  (7)  the  proposed  compromise  of 
any  controversy,  and  (8)  the  proposed  dismissal  of  the  proceedings. 

b.  Notice  to  creditors  of  the  first  meeting  shall  be  published  at  least 
once  and  may  be  published  such  number  of  additional  times  as  the 
court  may  direct;  the  last  publication  shall  be  at  least  one  week  prior 
to  the  date  fixed  for  the  meeting.     Other  notices  may  be  published  as 
the  court  shall  direct. 

c.  All  notices  shall  be  given  by  the  referee,  unless  otherwise  ordered 
by  the  judge. 

SEC.  59.  \Viio  MAY  FILE  AND  DISMISS  PETITIONS. — a.  Any  qualified 
person  may  file  a  petition  to  be  adjudged  a  voluntary  bankrupt. 

b.  Three  or  more  creditors  who  have  probable  claims  against  any 
person  which  amount  in  the  aggregate,  in  excess  of  the  value  of  securi- 
ties held  by  them,  if  any,  to  five  hundred  dollars  or  over;  or  if  all  of 
the  creditors  of  such  person  are  less  than  twelve  in  number,  then  one  of 
such  creditors  whose  claim  equals  such  amount  may  file  a  petition  to 
have  him  adjudged  a  bankrupt. 

c.  Petitions  shall  be  filed  in  duplicate,  one  copy  for  the  clerk  and  one 
for  service  on  the  bankrupt. 

d.  If  it  be  averred  in  the  petition  that  the  creditors  of  the  bankrupt 
are  less  than  twelve  in  number,  and  less  than  three  creditors  have  joined 
as  petitioners  therein,  and  the  answer  avers  the  existence  of  a  larger 
number  of  creditors,  there  shall  be  filed  with  the  answer  a  list  under 
oath  of  all  the  creditors,  with  their  addresses,  and  thereupon  the  court 
shall  cause  all  such  creditors  to  be  notified  of  the  pendency  of  such  pe- 
tition and  shall  delay  the  hearing  upon  such  petition  for  a  reasonable 
time,  to  the  end  that  parties  in  interest  shall  have  an  opportunity  to  be 
heard;  if  upon  such  hearing  it  shall  appear  that  a  sufficient  number 
have  joined  in  such  petition,  or  if  prior  to  or  during  such  hearing  a  suf- 
ficient number  shall  join  therein,  the  case  may  be  proceeded  with,  but 
otherwise  it  shall  be  dismissed. 

e.  In  computing  the  number  of  creditors  of  a  bankrupt  for  the  pur- 
pose of  determining  how  many  creditors  must  join  in  the  petition,  such 
creditors  as  were  employed  by  him  at  the  time  of  the  filing  of  the  peti- 
tion or  are  related  to  him  by  consanguinity  or  affinity  within  the  third 
degree,  as  determined  by  the  common  law,  and  have  not  joined  in  the 
petition,  shall  not  be  counted. 

f.  Creditors  other  than  original  petitioners  may  at  any  time  enter 
their  appearance  and  join  in  the  petition,  or  file  an  answer  and  be  heard 
in  opposition  to  the  prayer  of  the  petition. 

g.  Voluntary  or  involuntary  petition  shall  not  be  dismissed  by  the 
petitioner  or  petitioners  or  for  want  of  prosecution  or  by  consent  of 
parties  until  after  notice  to  the  creditors. 


TEXAS  CIVIL  FORM  BOOK.  065 

SEC.  60.  PREFERRED  CREDITORS. — a.  A  person  shall  be  deemed  to 
have  given  a  preference  if,  being  insolvent,  he  has  procured  or  suffered 
a  judgment  to  be  entered  against  himself  in  favor  of  any  person,  or 
made  a  transfer  of  any  of  his  property,  and  the  effect  of  the  enforce- 
ment of  such  judgment  or  transfer  will  be  to  enable  any  one  of  his 
creditors  to  obtain  a  greater  percentage  of  his  debt  than  any  other  of 
such  creditors  of  the  same  class. 

b.  If  a  bankrupt  shall  have  given  a  preference  within  four  months 
before  the  filing  of  a  petition,  or  after  the  filing  of  the  petition  and  be- 
fore the  adjudication,  and  the  person  receiving  it,  or  to  be  benefited 
thereby,  or  his  agent  acting  therein,  shall  have  had  reasonable  cause  to 
believe  that  it  was  intended  thereby  to  give  a  preference,  it  shall  be 
voidable  by  the  trustee,  and  he  may  recover  the  property  or  its  value 
from  such  person. 

c.  If  a  creditor  has  been  preferred,  and  afterwards  in  good  faith  gives 
the  debtor  further  credit  without  security  of  any  kind  for  property 
which  becomes  a  part  of  the  debtor's  estates,  the  amount  of  such  new 
credit  remaining  unpaid  at  the  time  of  the  adjudication  in  bankruptcy 
may  be  set  off  against  the  amount  which  would  otherwise  be  recoverable 
from  him. 

d.  If  a  debtor  shall,  directly  or  indirectly,  in  contemplation  of  the 
filing  of  a  petition  by  or  against  him,  pay  money  or  transfer  property 
to  an  attorney  and  counselor  at  law,  solicitor  in  equity,  or  proctor  in 
admiralty  for  services  to  be  rendered,  the  transaction  shall  be  re-exam- 
ined by  the  court  on  petition  of  the  trustee  or  any  creditor  and  shall 
only  be  held  valid  to  the  extent  of  a  reasonable  amount  to  be  deter- 
mined by  the  court,  and  the  excess  may  be  recovered  by  the  trustee  for 
the  benefit  of  the  estate. 

CHAPTER  VII. 

ESTATES. 

SEC.  61.  DEPOSITORIES  FOR  MONEY. —  a.  Courts  of  bankruptcy  shall 
designate,  by  order,  banking  institutions  as  depositories  for  the  money 
of  bankrupt  estates,  as  convenient  as  may  be  to  the  residences  of  trus- 
tees, and  shall  require  bonds  to  the  United  States,  subject  to  their  ap- 
proval, to  be  given  by  such  banking  institutions,  and  may  from  time 
to  time  as  occasion'  may  require,  by  like  order  increase  the  number  of 
depositories  or  the  amount  of  any  bond  or  change  such  depositories. 

SEC.  62.  EXPENSES  OF  ADMINISTERING  ESTATES. —  a.  The  actual  and 
necessary  expenses  incurred  by  officers  in  the  administration  of  estates 
shall,  except  where  other  provisions  are  made  for  their  payment,  be  re- 
ported in  detail,  under  oath,  and  examined  and  approved  or  disap- 
proved by  the  court.  If  approved,  they  shall  be  paid  or  allowed  out  of 
the  estates  in  which  they  were  incurred. 

SEC.  63.  DEBTS  WHICH  MAY  BE  PROVED. —  a.  Debts  of  the  bankrupt 
may  be  proved  and  allowed  against  his  estate  which  are  (1)  a  fixed 


666  TEXAS  CIVIL  FORM  BOOK. 

liability,  as  evidenced  by  a  judgment  or  an  instrument  in  writing  abso- 
lutely owing  at  the  time  of  the  filing  of  the  petition  against  him,  whether 
then  payable  or  not,  with  any  interest  thereon  which  would  have  been 
recoverable  at  that  date  or  with  a  rebate  of  interest  upon  such  as  were 
not  then  payable  and  did  not  bear  interest;  (2)  due  as  costs  taxable 
against  an  involuntary  bankrupt  who  was  at  the  time  of  the  filing  of 
the  petition  against  him  plaintiff  in  a  cause  of  action  which  would  pass 
to  the  trustee  and  which  the  trustee  declines  to  prosecute  after  notice; 

(3)  founded  upon  a  claim  for  taxable  costs  incurred  in  good  faith  by  a 
creditor  before  the  filing  of  the  petition  in  an  action  to  recover  a  prov- 
able debt;  (4)  founded  upon  an  open  account,  or  upon  a  contract  ex- 
press or  implied;  and  (5)  founded  upon  provable  debts  reduced  to  judg- 
ments after  the  filing  of  the  petition  and  before  the  consideration  of  the 
bankrupt's  application  for  a  discharge,  less  costs  incurred  and  interests 
accrued  after  the  filing  of  the  petition  and  up  to  the  time  of  the  entry 
of  such  judgments. 

b.  Unliquidated  claims  against  the  bankrupt  may,  pursuant  to  appli- 
cation to  the  court,  be  liquidated  in  such  manner  as  it  shall  direct,  and 
may  thereafter  be  proved  and  allowed  against  his  estate. 

SEC.  64.  DEBTS  WHICH  HAVE  PRIORITY. —  a.  The  court  shall  order 
the  trustee  to  pay  all  taxes  legally  due  and  owing  by  the  bankrupt  to 
the  United  States,  State,  county,  district,  or  municipality  in  advance  of 
the  payment  of  dividends  to  creditors,  and  upon  filing  the  receipts  of 
the  proper  public  officers  for  such  payment  he  shall  be  credited  with  the 
amount  thereof,  and  in  case  any  question  arises  as  to  the  amount  or 
legality  of  any  such  tax  the  same  shall  be  heard  and  determined  by  the 
court. 

b.  The  debts  to  have  priority,  except  as  herein  provided,  and  to  be 
paid  in  full  out  of  bankrupt  estates,  and  the  order  of  payment  shall  be 
(1)  the  actual  and  necessary  cost  of  preserving  the  estate  subsequent 
to  filing  the  petition;  (2)  the  filing  fees  paid  by  creditors  in  involun- 
tary cases;  (3)  the  cost  of  administration,  including  fees  and  mileage 
payable  to  witnesses  as  now  or  hereafter  provided  by  the  laws  of  the 
United  States,  and  one  reasonable  attorney's  fee,  for  the  professional 
services  actually  rendered,  irrespective  of  the  number  of  attorneys  em- 
ployed, to  the  petitioning  creditors  in  involuntary  cases,  to  the  bank- 
rupt in   involuntary  cases  while   performing  the  .duties   herein  pre- 
scribed, and  to  the  bankrupt  in  voluntary  cases,  as  the  court  may  allow ; 

(4)  wages  due  to  workmen,  clerks,  or  servants  which  have  been  earned 
within  three  months  before  the  date  of  the  commencement  of  proceed- 
ings,  not   to   exceed    three   hundred    dollars   to    each   claimant;    and 

(5)  debts  owing  to  any  person  who  by  the  laws  of  the  States  or  the 
United  States  is  entitled  to  priority. 

c.  In  the  event  of  the  confirmation  of  a  composition  being  set  aside, 
or  a  discharge  revoked,  the  property  acquired  by  the  bankrupt  in  addi- 
tion to  his  estate  at  the  time  the  composition  was  confirmed  or  the  ad- 
judication was  made  shall  be  applied  to  the  payment  in  full  of  the 


TEXAS  CIVIL  FORM  BOOK.  66? 

claims  of  creditors  for  property  sold  to  him  on  credit,  in  good  faith, 
while  such  composition  or  discharge  was  in  force,  and  the  residue,  if 
any,  shall  be  applied  to  the  payment  of  the  debts  which  were  owing  at 
the  time  of  ihe  adjudication. 

SEC.  65.  DECLARATION  AND  PAYMENT  OF  DIVIDENDS. —  a.  Dividends 
of  an  equal  per  centum  shall  be  declared  and  paid  on  all  allowed  claims, 
except  such  as  have  priority  or  are  secured. 

b.  The  first  dividend  shall  be  declared  within  thirty  days  after  the 
adjudication,  if  the  money  of  the  estate  in  excess  of  the  amount  neces- 
sary to  pay  debts  which  have  priority  and  such  claims  as  have  not  been, 
but  probably  will  be,  allowed  equals  five  per  centum  or  more  of  such 
allowed  claims.    Dividends  subsequent  to  the  first  shall  be  declared  upon 
like  terms  as  the  first  and  as  often  as  the  amount  shall  equal  ten  per 
centum  or  more  and  upon  closing  the  estate.     Dividends  may  be  de- 
clared oftener  and  in  smaller  proportions  if  the  judge  shall  so  order. 

c.  The  rights  of  creditors  who  have  received  dividends,  or  in  whose 
favor  final  dividends  have  been  declared  shall  not  be  affected  by  the 
proof  and  allowance  of  claims  subsequent  to  the  date  of  such  payment 
or  declarations  of  dividends;  but  the  creditors  proving  and  securing  the 
allowance  of  such  claims  shall  be  paid  dividends  equal  in  amount  to 
those  already  received  by  the  other  creditors  if  the  estate  equal  so  much 
before  such  other  creditors  are  paid  any  further  dividends. 

d.  Whenever  a  person  shall  have  been  adjudged  a  bankrupt  by  a 
court  without  the  United  States  and  also  by  a  court  of  bankruptcy,  cred- 
itors residing  within  the  United  States  shall  first  be  paid  a  dividend 
equal  to  that  received  in  the  court  without  the  United  States  by  other 
creditors  before  creditors  who  have  received  a  dividend  in  such  court? 
shall  be  paid  any  amounts. 

e.  A  claimant  shall  not  be  entitled  to  collect  from  a  bankrupt  estate 
any  greater  amount  than  shall  accrue  pursuant  to  the  provisions  of  this 
act. 

SEC.  66.  UNCLAIMED  DIVIDENDS. —  a.  Dividends  which  remain  un- 
claimed for  six  months  after  the  final  dividend  has  been  declared  shall 
be  paid  by  the  trustee  into  court. 

b.  Dividends  remaining  unclaimed  for  one  year  shall,  under  the  di- 
rection of  the  court,  be  distributed  to  the  creditors  whose  claims  have 
been  allowed  but  not  paid  in  full,  and  after  such  claims  have  been  paid 
in  full  the  balance  shall  be  paid  to  the  bankrupt:  Provided,  that  in 
case  unclaimed  dividends  belong  to  minors  such  minors  may  have  one 
year  after  arriving  at  majority  to  claim  such  dividends. 

SEC.  67.  LIENS. —  a.  (Maims  which  for  want  of  record  or  for  other 
reasons  would  not  have  been  valid  liens  as  against  the  claims  of  the 
creditors  of  the  bankrupt  shall  not  be  liens  against  his  estate. 

b.  Whenever  a  creditor  is  prevented  from  enforcing  his  rights  as 
against  a  lien  created,  -or  attempted  to  be  created,  by  his  debtor,  who 
afterwards  becomes  a  bankrupt,  the  trustee  of  the  estate  of  such  bank- 
rupt shall  be  subrogated  to  and  may  enforce  such  rights  of  such  cred- 
itor for  the  benefit  of  the  estate. 


668  TEXAS  CIVIL  FORM  BOOK. 

c.  A  lien  created  by  or  obtained  in  or  pursuant  to  any  suit  or  pro- 
ceeding at  law  or  in  equity,  including  an  attachment  upon  mesne  process 
or  a  judgment  by  confession,  which  was  begun  against  a  person  within 
four  months  before  the  filing  of  a  petition  in  bankruptcy  by  or  against 
such  person  shall  be  dissolved  by  the  adjudication  of  such  person  to  be 
a  bankrupt  if  (1)  it  appears  that  said  lien  was  obtained  and  permitted 
while  the  defendant  was  insolvent  and  that  its  existence  and  enforce- 
ment will  work  a  preference,  or  (2)  the  party  or  parties  to  be  bene- 
fited thereby  had  reasonable  cause  to  believe  the  defendant  was  insol- 
vent and  in  contemplation  of  bankruptcy,   or  (3)  that  such  lien  was 
sought  and  permitted  in  fraud  of  the  provisions  of  this  act;  or  if  the 
dissolution  of  such  lien  would  militate  against  the  best  interests  of  the 
estate  of  such  person  the  same  shall  not  be  dissolved,  but  the  trustee  of 
the  estate  of  such  person,  for  the  benefit  of  the  estate,  shall  be  subro- 
gated  to  the  rights  of  the  holder  of  such  lien  and  empowered  to  perfect 
and  enforce  the  same  in  his  name  as  trustee  with  like  force  and  effect 
as  such  holder  might  have  done  had  not  bankruptcy  proceedings  in- 
tervened. 

d.  Liens  given  or  accepted  in  good  faith  and  not  in  contemplation 
of  or  in  fraud  upon  this  act,  and  for  a  present  consideration,  which  have 
been  recorded  according  to  law,  if  record  thereof  was  necessary  in  order 
to  impart  notice,  shall  not  be  affected  by  this  act. 

e.  That  all  conveyances,  transfers,  assignments,  or  incumbrances  of 
his  property,  or  any  part  thereof,  made  or  given  by  a  person  adjudged 
a  bankrupt  under  the  provisions  of  this  act  subsequent  to  the  passage 
of  this  act  and  within  four  months  prior  to  the  filing  of  the  petition, 
with  the  intent  and  purpose  on  his  part  to  hinder,  delay,  or  defraud  his 
creditors,  or  any  of  them,  shall  be  null  and  void  as  against  the  creditors 
of  such  debtor,  except  as  to  purchasers  in  good  faith  and  for  a  present 
fair  consideration;  and  all  property  of  the  debtor  conveyed,  transferred, 
assigned,  or  incumbered  as  aforesaid  shall,  if  he  be  adjudged  a  bank- 
rupt, and  the  same  is  not  exempt  from  execution  and  liability  for  debts 
by  the  law  of  his  domicile,  be  and  remain  a  part  of  the  assets  and  estate 
of  the  bankrupt  and  shall  pass  to  his  said  trustee,  whose  duty  it  shall  be 
to  recover  and  reclaim  the  same  by  legal  proceedings  or  otherwise  for 
the  benefit  of  the  creditors.     And  all  conveyances,  transfers,  or  incum- 
brances of  his  property  made  by  a  debtor  at  any  time  within  four  months 
prior  to  the  filing  of  the  petition  against  him,  and  while  insolvent,  which 
are  held  null  and  void  as  against  the  creditors  of  such  debtor  by  the 
laws  of  the  State,  Territory,  or  district  in  which  such  property  is  sit- 
uate, shall  be  deemed  null  and  void  under  this  act  against  the  creditors 
of  such  debtor  if  he  be  adjudged  a  bankrupt,  and  such  property  shall 
pass  to  the  assignee  and  be  by  him  reclaimed  and  recovered  for  the  ben- 
efit of  the  creditors  of  the  bankrupt. 

f.  That  all  levies,  judgments,  attachments,  or  other  liens,  obtained 
through  legal  proceedings  against  a  person  who  is  insolvent,  at  any  time 


TEXAS  CIVIL  FORM  BOOK.  669 

within  four  months  prior  to  the  filing  of  a  petition  in  bankruptcy 
against  him,  shall  be  deemed  null  and  void  in  case  he  is  adjudged  a 
bankrupt,  and  the  property  affected  by  the  levy,  judgment,  attachment, 
or  other  lien  shall  be  deemed  wholly  discharged  and  released  from  the 
same,  and  shall  pass  to  the  trustee  as  a  part  of  the  estate  of  the  bank- 
rupt, unless  the  court  shall,  on  due  notice,  order  that  the  right  under 
such  levy,  judgment,  attachment,  or  other  lien  shall  be  preserved  for 
the  benefit  of  the  estate;  and  thereupon  the  same  may  pass  to  and  shall 
be  preserved  by  the  trustee  for  the  benefit  of  the  estate  as  aforesaid. 
And  the  court  may  order  such  conveyance  as  shall  be  necessary  to  carry 
the  purposes  of  this  section  into  effect:  Provided,  that  nothing  herein 
contained  shall  have  the  effect  to  destroy  or  impair  the  title  herein  ob- 
tained by  such  levy,  judgment,  attachment,  or  other  lien,  of  a  bona 
fide  purchaser  for  value  who  shall  have  acquired  the  same  without  notice 
or  reasonable  cause  for  inquiry. 

SEC.  68.  SET-OFFS  AND  COUNTERCLAIMS. —  a.  In  all  cases  of  mutual 
debts  or  mutual  credits  between  the  estate  of  a  bankrupt  and  a  creditor 
the  account  shall  be  stated  and  one  debt  shall  be  set  off  against  the 
other,  and  the  balance  only  shall  be  allowed  or  paid. 

b.  A  set-off  or  counterclaim  shall  not  be  allowed  in  favor  of  any 
debtor  of  the  bankrupt  which  (1)  is  not  provable  against  the  estate; 
or  (2)  was  purchased  by  or  transferred  to  him  after  the  filing  of  the 
petition,  or  within  four  months  before  such  filing,  with  a  view  to  such 
use  and  with  knowledge  or  notice  that  such  bankrupt  was  insolvent,  or 
had  committed  an  act  of  bankruptcy. 

SEC.  69.  POSSESSION  OF  PROPERTY. —  a.  A  judge  may,  upon  satis- 
factory proof,  by  affidavit,  that  a  bankrupt  against  whom  an  involun- 
tary petition  has  been  filed  and  is  pending  has  committed  an  act  of 
bankruptcy,  or  has  neglected  or  is  neglecting,  or  is  about  to  so  neglect 
his  property  that  it  has  thereby  deteriorated  or  is  thereby  deteriorating 
or  is  about  thereby  to  deteriorate  in  value,  issue  a  warrant  to  the  mar- 
shal to  seize  and  hold  it  subject  to  further  orders.  Before  such  warrant 
is  issued  the  petitioners  applying  therefor  shall  enter  into  a  bond  in 
such  an  amount  as  the  judge  shall  fix,  with  such  sureties  as  he  shall 
approve,  conditioned  to  indemnify  such  bankrupt  for  such  damages  as 
he  shall  sustain  in  the  event  such  seizure  shall  prove  to  have  been 
wrongfully  obtained.  Such  property  shall  be  released,  if  such  bankrupt 
shall  give  bond  in  a  sum  which  shall  be  fixed  by  the  judge,  with  such 
sureties  as  he  shall  approve,  conditioned  to  turn  over  such  property, 
or  pay  the  value  thereof  in  money  to  the  trustee,  in  the  event  he  is 
adjudged  a  bankrupt  pursuant  to  such  petition. 

SEC.  70.  TITLE  TO  PROPERTY. —  a.  The  trustee  of  the  estate  of  a 
bankrupt,  upon  his  appointment  and  qualification,  and  his  successor  or 
successors,  if  he  shall  have  one  or  more,  upon  his  or  their  appointment 
and  qualification,  shall  in  turn  be  vested  by  operation  of  law  with  the 
title  of  the  bankrupt,  as  of  the  date  he  was  adjudged  a  bankrupt,  except 


670  TEXAS  CIVIL  FORM  BOOK. 

in  so  far  as  it  is  to  property  which  is  exempt,  to  all  (1)  documents  re- 
lating to  his  property;  (2)  interests  in  patents,  patent  rights,  copyrights, 
and  trade  marks;  (3)  powers  which  he  might  have  exercised  for  his 
own  benefit,  but  not  those  which  he  might  have  exercised  for  some  other 
person;  (4)  property  transferred  by  him  in  fraud  of  his  creditors; 

(5)  property  which  prior  to  the  filing  of  the  petition  he  could  by  Uny 
means  have  transferred  or  which  might  have  been  levied  upon  and  sold 
under  judicial  process  against  him:     Provided,  that  when  any  bank- 
rupt shall  have  any  insurance  policy  which  has  a  cash  surrender  value 
payable  to   himself,  his   estate,   or   personal   representatives,  he  may, 
within  thirty  days  after  the  cash  surrender  value  has  been  ascertained 
and  stated  to  the  trustee  by  the  company  issuing  the  same,  pay  or  secure 
to  the  trustee  the  sum  so  ascertained  and  stated,  and  continue  to  hold, 
own,  and  carry  such  policy  free  from  the  claims  of  the  creditors  par- 
ticipating in  the  distribution  of  his  estate  under  the  bankruptcy  pro- 
ceedings, otherwise  the  policy  shall  pass  to  the  trustee  as  assets;  and 

(6)  rights  of  action  arising  upon  contracts  or  from  the  unlawful  tak- 
ing or  detention  of,  or  injury  to,  his  property. 

b.  All  real  and  personal  property  belonging  to  bankrupt  estates  shall 
be  appraised  by  three  disinterested  appraisers;  they  shall  be  appointed 
by,  and  report  to,  the  court.     Rea.l  and  personal  property  shall,  when 
practicable,  be  sold  subject  to  the  approval  of  the  court;  it  shall  not  be 
sold  otherwise  than  subject  to  the  approval  of  the  court  for  less  than 
seventy-five  per  centum  of  its  appraised  value. 

c.  The  title  to  property  of  a  bankrupt  estate  which  has  been  sold,  as 
herein  provided,  shall  be  conveyed  to  the  purchaser  by  the  trustee. 

d.  Whenever  a  composition  shall  be  set  aside,  or  discharge  revoked, 
the  trustee  shall,  upon  his  appointment  and  qualification,  be  vested  as 
herein  provided  with  the  title  to  all  of  the  property  of  the  bankrupt  as 
of  the  date  of  the  final  decree  setting  aside  the  composition  of  revoking 
the  discharge. 

e.  The  trustee  may  avoid  any  transfer  by  the  bankrupt  of  his  prop- 
erty which  any  creditor  of  such  bankrupt  might  have  avoided,  and  may 
recover  the  property  so  transferred,  or  its  value,  from  the  person  to 
whom  it  was  transferred,  unless  he  was  a  bona  fide  holder  for  value 
pior  to  the  date  of  the  adjudication.     Such  property  may  be  recovered 
or  its  value  collected  from  whoever  may  have  received  it,  except  a  bona 
fide  holder  for  value. 

f.  Upon  the  confirmation  of  a  composition  offered  by  a  bankrupt,  the 
title  to  his  property  shall  thereupon  revest  in  him. 

THE  TIME  WHENT  THIS  ACT  SHALL  GO  INTO  EFFECT. 

a.  This  act  shall  go  into  full  force  and  effect  upon  its  passage:  Pro- 
vided, however,  that  no  petition  for  voluntary  bankruptcy  shall  be  filed 
within  one  month  of  the  passage  thereof,  and  no  petition  for  involuntary 
bankruptcy  shall  be  filed  within  four  months  of  the  passage  thereof. 


TEXAS  CIVIL  FORM  BOOK.  671 

b.  Proceedings  commenced  under  the  State  insolvency  laws  before 
the  passage  of  this  act  shall  not  be  affected  by  it. 
Approved  July  1,  1898. 

[PUBLIC  — Xo.  62.] 

An  Act  to  amend  an  Act  entitled  "  An  Act  to  establish  a  uniform  system  of 
bankruptcy  throughout  the  United  States,"  approved  July  first,  eighteen  hun- 
dred and  ninety-eight. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  Assembled,  That  clause  five  of 
section  two  of  said  act  be,  and  the  same  is  hereby,  amended  so  as  to 
read  as  follows: 

"  (5)  Authorize  the  business  Of  bankrupts  to  be  conducted  for  lim- 
ited periods  by  receivers,  the  marshals,  or  trustees,  if  necessary  in  the 
best  interests  of  the  estates,  and  allow  such  officers  additional  compen- 
sation for  such  services,  but  not  at  a  greater  rate  than  in  this  act  al- 
lowed trustees  for  similar  services." 

SEC.  2.  That  clause  four,  subdivision  a,  of  section  three  of  said  act, 
be,  and  the  same  is  hereby,  amended  so  as  to  read  as  follows: 

"  or  (4)  made  a  general  assignment  for  the  benefit  of  his  creditors, 
or,  being  insolvent,  applied  for  a  receiver  or  trustee  for  his  property, 
or  because  of  insolvency  a  receiver  or  trustee  has  been  put  in  charge 
of  his  property  under  the  laws  of  a  State,  of  a  Territory,  or  of  the 
United  States." 

SEC.  3.  That  subdivision  b  of  section  four  of  said  act  be,  and  the 
same  is  hereby,  amended  so  as  to  read  as  follows: 

"b.  Any  natural  person,  except  a  wage-earner,  or  a  person  engaged 
chiefly  in  farming  or  the  tillage  of  the  soil,  any  unincorporated  com- 
pany, and  any  corporation  engaged  principally  in  manufacturing,  trad- 
ing, printing,  publishing,  mining,  or  mercantile  pursuit?,  owing  debts 
to  the  amount  of  one  thousand  dollars  or  over,  may  be  adjudged  an 
involuntary  bankrupt  upon  default  of  an  impartial  trial,  and  shall  be 
subject  to  the  provisions  and  entitled  to  the  benefits  of  this  act.  Private 
bankers,  but  not  national  banks  or  banks  incorporated  under  State  or 
Territorial  laws,  may  be  adjudged  involuntary  bankrupts. 

"  The  bankruptcy  of  a  corporation  shall  not  release  its  officers,  direct- 
ors, or  stockholders,  as  such,  from  anv  liability  under  the  laws  of  a 
State  or  Territory  or  of  the  United  States." 

SEC.  4.  That  subdivision  b  of  section  fourteen  of  said  act  be,  and 
the  same  is  hereby,  amended  so  as  to  read  as  fallows: 

"b.  The  judge  shall  hear  the  application  for  a  discharge,  and  such 
proofs  and  pleas  as  may  be  made  in  opposition  thereto  by  parties  in 
interest,  at  such  time  as  will  give  parties  in  interest  a  reasonable  oppor- 
tunity to  be  fully  heard,  and  investigate  the  merits  of  the  application 
and  discharge  the  applicant  unless  he  has  (1)  committed  an  offense 
punishable  by  imprisonment  as  herein  provided:  or  (2)  with  intent  to 


672  TEXAS  CIVIL  FORM  BOOK. 

conceal  his  financial  condition,  destroyed,  concealed,  or  failed  to  keep 
books  of  account  or  records  from  which  such  condition  might  be  ascer- 
tained; or  (3)  obtained  property  on  credit  from  any  person  upon  a 
materially  fa.lse  statement  in  writing  made  to  such  person  for  the  pur- 
pose of  obtaining  such  property  on  credit;  or  (4)  at  any  time  subse- 
quent to  the  first  day  of  tne  four  months  immediately  preceding  the 
filing  of  the  petition  transferred,  removed,  destroyed,  or  concealed,  or 
permitted  to  be  removed,  destroyed,  or  concealed  any  of  his  property 
with  intent  to  hinder,  delay,  or  defraud  his  creditors;  or  (5)  in  volun- 
tary proceedings  been  granted  a  discharge  in  bankruptcy  within  six 
years;  or  (6)  in  the  course  of  the  proceedings  in  bankruptcy  refused 
to  obey  any  lawful  order  of  or  to  answer  any  material  question  ap- 
proved by  the  court." 

SEC.  5.  That  section  seventeen  of  said  act  be,  and  the  same  is  hereby, 
amended  so  as  to  read  as  follows: 

"SEC.  17.  DEBTS  NOT  AFFECTED  BY  A  DISCHARGE. —  a.  A  discharge 
in  bankruptcy  shall  release  a  bankrupt  from  all  of  his  provable  debts, 
except  such  as  (1)  are  due  as  a  tax  -levied  by  the  United  States,  the 
State,  county,  district,  or  municipality  in  which  he  resides;  (2)  are 
liabilities  for  obtaining  property  by  false  pretenses  or  false  representa- 
tions, or  for  willful  and  malicious  injuries  to  the  person  or  property 
of  another,  or  for  alimony  due  or  to  become  due,  or  for  maintenance 
or  support  of  wife  or  child,  or  for  seduction  of  an  unmarried  female, 
or  for  criminal  conversation;  (3)  have  not  been  duly  scheduled  in  time 
for  proof  and  allowance,  with  the  name  of  the  creditor  if  known  to  the 
bankrupt,  unless  such  creditor  had  notice  or  actual  knowledge  of  the 
proceedings  in  bankruptcy;  or  (4)  were  created  by  his  fraud,  embezzle- 
ment, misappropriation,  or  defalcation  while  acting  as  an  officer  in 
any  fiduciary  capacity." 

SEO.  6.  That  subdivisions  a  and  b  of  section  eighteen  of  said  act  be, 
and  the  same  are  hereby,  amended  so  as  to  read  as  follows: 

"  a.  Upon  the  filing  of  a  petition  for  involuntary  bankruptcy,  service 
thereof,  with  a  writ  of  subpoena,  shall  be  made  upon  the  person 
therein  named  as  defendant  in  the  same  manner  that  service  of  such 
process  is  now  had  upon  the  commencement  of  a  suit  in  equity  in  the 
courts  of  the  United  States,  except  that  it  shall  be  returnable  within 
fifteen  days,  unless  the  judge  shall  for  cause  fix  a  longer  time;  but  in 
case  personal  service  cannot  be  made,  then  notice  shall  be  given  by 
publication  in  the  same  manner  and  for  the  same  time  as  provided  by 
law  for  notice  by  publication  in  suits  to  enforce  a  legal  or  equitable 
lien  in  courts  of  the  United  States,  except  that,  unless  the  judge  shall 
otherwise  direct,  the  order  shall  be  published  not  more  than  once  a 
week  for  two  consecutive  weeks,  and  the  return  day  shall  be  ten  days 
after  the  last  publication  unless  the  judge  shall  for  cause  fix  a  longer 
time." 

"b.  The  bankrupt,  or  any  creditor,  may  appear  and  plead  to  the 


TEXAS  CIVIL  FOKM  BOOK.  G73 

petition  within  five  days  after  the  return  day,  or  within  such  further 
time  as  the  court  may  allow." 

SEC.  7.  That  subdivision  a  of  section  twenty-one  of  said  act  be, 
and  the  same  is  hereby,  amended  so  as  to  read  as  follows: 

"a.  A  court  of  bankruptcy  may,  upon  application  of  any  officer, 
bankrupt,  or  creditor,  by  order  require  any  designated  person,  includ- 
ing the  bankrupt  and  his  wife,  to  appear  in  court  or  before  a  referee  or 
the  judge  of  any  State  court,  to  be  examined  concerning  the  acts,  con- 
duct, or  property  of  a  bankrupt  whose  estate  is  in  process  of  adminis- 
tration under  this  act:  Provided,  that  the  wife  may  be  examined  only 
touching  business  transacted  by  her  or  to  which  she  is  a  party,  and  to 
determine  the  fact  whether  she  has  transacted  or  been  a  party  to  any 
business  of  the  bankrupt." 

SEC.  8.  That  subdivision  b  of  section  twenty-three  of  said  act  be, 
and  the  same  is  hereby,  amended  so  as  to  read  as  follows : 

"b.  Suits  by  the  trustee  shall  only  be  brought  or  prosecuted  in  the 
courts  where  the  bankrupt,  whose  estate  is  being  administered  by  such 
trustee,  might  have  brought  or  prosecuted  them  if  proceedings  in 
bankruptcy  had  not  been  instituted,  unless  by  consent  of  the  proposed 
defendant,  except  suits  for  the  recovery  of  property  under  section  sixty, 
subdivision  b,  and  section  sixty-seven,  subdivision  e." 

SEC.  9.  That  subdivision  a  of  section  forty  of  said  act  be,  and  the 
same  is  hereby,  amended  so  as  to  read  as  follows : 

"a.  Eeferees  shall  receive  as  full  compensation  for  their  services, 
payable  after  they  are  rendered,  a  fee  of  fifteen  dollars  deposited  with 
the  clerk  at  the  time  the  petition  is  filed  in  each  case,  except  when  a 
fee  is  not  required  from  a  voluntary  bankrupt,  and  twenty-five  cents 
for  every  proof  of  claim  filed  for  allowance,  to  be  paid  from  the  estate, 
if  any,  as  a  part  of  the  cost  of  administration,  and  from  estates  which 
have  been  administered  before  them  one  per  centum  commissions  on 
all  moneys  disbursed  to  creditors  by  the  trustee,  or  one-half  of  one 
per  centum  on  the  amount  to  be  paid  to  creditors  upon  the  confirmation 
of  a  composition." 

SEC.  10.  That  section  forty-seven  is  hereby  amended  by  adding 
thereto  the  following  subdivision: 

"  c.  The  trustee  shall,  within  thirty  days  after  the  adjudication,  file 
a  certified  copy  of  the  decree  of  adjudication  in  the  office  where  con- 
veyances of  real  estate  are  recorded  in  every  county  where  the  bank- 
rupt owns  real  estate  not  exempt  from  execution,  and  pay  the  fee  for 
such  filing,  and  he  shall  receive  a  compensation  of  fifty  cents  for  each 
copy  so  filed,  which,  together  with  the  filing  fee,  shall  be  paid  out  of 
the  estate  of  the  bankrupt  as  a  part  of  the  cost  and  disbursements  of 
the  proceedings." 

SEC.  11.  That  subdivision  a  of  section  forty-eight  of  said  act  bo,  and 
the  same  is  hereby,  amended  so  as  to  road  as  follows: 

"a.  Trustees  shall  receive  for  their  services,  payable  after  the\  are 
rendered,  a. fee  of  five  dollars  deposited  with  the  clerk  at  the  time  the 
Form  Book  —  43. 


674  TEXAS  CIVIL  FORM  BOOK. 

petition  is  filed  in  each  case,  except  when  a  fee  is  not  required  from  a 
voluntary  bankrupt,  and  from  estates  which  they  have  administered 
such  commissions  on  all  moneys  disbursed  by  them  as  may  be  allowed 
by  the  courts,  not  to  exceed  six  per  centum  on  the  first  five  hundred 
dollars  or  less,  four  per  centum  on  moneys  in  excess  of  five  hundred  dol- 
lars and  less  than  fifteen  hundred  dollars,  two  per  centum  on  moneys 
in  excess  of  fifteen  hundred  dollars  and  less  than  ten  thousand  dollars, 
and  one  per  centum  on  moneys  in  excess  of  ten  thousand  dollars.  And 
in  case  of  the  confirmation  of  a  composition  after  the  trustee  has  quali- 
fied the  court  may  allow  him,  as  compensation,  not  to  exceed  one-half 
of  one  per  centum  of  the  amount  to  be  paid  the  creditors  on  such  com- 
position." 

SEC.  12.  That  subdivision  g  of  section  fifty-seven  of  said  act  be,  and 
the  same  is  hereby,  amended  so  as  to  read  as  follows: 

"g.  The  claims  of  creditors  who  have  received  preferences,  voidable 
under  section  sixty,  subdivision  b,  or  to  whom  conveyances,  transfers, 
assignments  or  incumbrances,  voifl  o*  Voidable  under  section  sixty-seven, 
subdivision  e,  have  been  made  or  given,  shall  not  be  allowed  unless  such 
creditors  shall  surrender  such  preferences,  conveyances,  transfers,  as- 
signments, or  incumbrances." 

SEC.  13.  That  subdivisions  a  and  b  of  section  sixty  of  said  act  be, 
and  the  same  are  hereby,  amended  so  as  to  read  as  follows: 

"  a.  A  person  shall  be  deemed  to  have  given  a  preference  if,  being 
insolvent,  he  has,  within  four  months  before  the  filing  of  the  petition, 
or  after  the  filing  of  the  petition  and  before  the  adjudication,  procured 
or  suffered  a  judgment  to  be  entered  against  himself  in  favor  of  any 
person,  or  made  a  transfer  of  any  of  his  property,  and  the  effect  of  the 
enforcement  of  such  judgment  or  transfer  will  be  to  enable  any  one  of 
his  creditors  to  obtain  a  greater  percentage  of  his  debt  than  any  other 
of  such  creditors  of  the  same  class.  Where  the  preference  consists  in 
a  transfer,  such  period  of  four  months  shall  not  expire  until  four 
months  after  the  date  of  the  recording  or  registering  of  the  transfer, 
if  by  law  such  recording  or  registering  is  required." 

"  b.  If  a  bankrupt  shall  have  given  a  preference,  and  the  person 
receiving  it,  or  to  be  benefited  thereby,  or  his  agent  acting  therein,  shall 
have  had  reasonable  cause  to  believe  that  it  was  intended  thereby  to 
give  a  preference,  it  shall  be  voidable  by  the  trustee,  and  he  may  re- 
cover the  property  or  its  value  from  such  person.  And,  for  the  purpose 
of  such  recovery,  any  court  of  bankruptcy,  as  hereinbefore  defined,  and 
any  State  court  which  would  have  had  jurisdiction  if  bankruptcy  had 
not  intervened,  shall  have  concurrent  jurisdiction." 

SEC.  14.  That  clause  two  of  subdivision  b  of  section  sixty-four  of 
said  act  be,  and  the  same  is  hereby,  amended  so  as  to  read  as  follows : 

"  ( 2 )  The  filing  fees  paid  by  creditors  in  involuntary  cases,  and,  where 
property  of  the  bankrupt,  transferred  or  concealed  by  him  either  before 
or  after  the  filing  of  the  petition,  shall  have  been  recovered  for  the 
benefit  of  the  estate  of  the  bankrupt  by  the  efforts  and  at  the  expense 
of  one  or  more  creditors,  the  reasonable  expenses  of  such  property." 


TEXAS  CIVIL  FORM  BOOK.  675 

SEC.  15.  That  subdivision  b  of  section  sixty-five  be,  and  the  same  is 
hereby,  amended  so  as  to  read  as  follows: 

"  The  first  dividend  shall  be  declared  within  thirty  days  after  the 
adjudication,  if  the  money  of  the  estate  in  excess  of  the  amount  neces- 
sary to  pay  the  debts  which  have  priority  and  such  claims  as  have  not 
been,  but  probably  will  be,  allowed  equals  five  per  centum  or  more  of 
such  allowed  claims.  Dividends  subsequent  to  the  first  shall  IK>  de- 
clared upon  like  terms  as  the  first  and  as  often  as  the  amount  shall 
equal  ten  per  centum  or  more  and  upon  closing  the  estate.  Dividends 
may  be  declared  oftener  and  in  smaller  proportions  if  the  judge  shall 
so  order:  Provided,  that  the  first  dividend  shall  not  include  more  than 
fifty  per  centum  of  the  money  of  the  estate  in  excess  of  the  amount 
necessary  to  pay  the  debts  which  have  priority  and  such  claims  as  prob- 
ably will  be  allowed:  And  provided  further,  that  the  final  dividend 
shall  not  be  declared  within  three  months  after  the  first  dividend  shall 
be  declared." 

SEC.  16.  That  -subdivision  e  of  section  sixty-seven  and  subdivision  e 
of  section  seventy  of  said  act  be,  and  the  same  are  hereby,  amended  by 
adding  at  the  end  of  each  such  subdivision  the  words: 

"  For  the  purpose  of  such  recovery  any  court  of  bankruptcy  as  here- 
inbefore defined,  and  any  State  court  which  would  have  had  jurisdiction 
if  bankruptcy  had  not  intervened,  shall  have  concurrent  jurisdiction." 

SEC.  IT.  That  said  act  is  also  amended  by  adding  thereto  a  new 
section,  section  seventy-one,  to  read  as  follows: 

"  SEC.  71.  That  the  clerks  of  the  several  district  courts  of  the 
United  States  shall  prepare  and  keep  in  their  respective  offices  com- 
plete and  convenient  indexes  of  all  petitions  and  discharges  in  bank- 
ruptcy heretofore  or  hereafter  filed  in  the  said  courts,  and  shall,  when 
requested  so  to  do,  issue  certificates  of  search  certifying  as  to  whether 
or  not  any  such  petitions  or  discharges  have  been  filed;  and  said  clerks 
shall  be  entitled  to  receive  for  such  certificates  the  same  fees  as  now 
allowed  by  law  for  certificates  as  to  judgments  in  said  courts:  Pro- 
vided, that  said  bankruptcy  indexes  and  dockets  shall  at  all  times  be 
open  to  inspection  and  examination  by  all  persons  or  corporations  with- 
out any  fee  or  charge  therefor." 

SEC.  18.  That  said  act  is  also  amended  by  adding  thereto  a  new 
section,  as  follows: 

"  SEC.  72.  That  neither  the  referee  nor  the  trustee  shall  in  any  form 
or  guise  receive,  nor  shall  the  court  allow  them,  any  other  or  further 
compensation  for  their  services  than  that  expressly  authorized  and  pre- 
scribed in  this  act." 

SEC.  19.  That  the  provisions  of  this  amendatory  act  shall  not  ap- 
ply to  bankruptcy  cases  pending  when  this  act  takes  effect,  but  such 
cases  shall  be  adjudicated  and  disposed  of  conformably  to  the  provisions 
of  the  said  act  of  July  first,  eighteen  hundred  and  ninety-eight. 

Approved  February  5,  1903. 


TEXAS  CIVIL  FORM  BOOK. 


FORMS  IN  BANKRUPTCY. 

(N.  B. —  Oaths  required  by  the  act,  except  upon  hearings  in  court, 
may  be  administered  by  referees  and  by  officers  authorized  to  admin- 
ister oaths  in  proceedings  before  the  courts  of  the  United  States,  or 
under  the  laws  of  the  State  where  the  same  are  to  be  taken.  Bankrupt 
Act  of  1898,  chap.  4,  sec.  20.) 

No.  751  1-2. 

DEBTOR'S  PETITION. 

(Form  No.  1.) 

To  the  Honorable  ,  Judge  of  the  District  Court  of  the 

United  States  for  the District  of 

The  petition  of of ,  in  the  county  of , 

and district  and  State  of ,*  respectfully  represents: 

That  he  has  2  for  the  greater  portion  of  six  months  next 

immediately  preceding  the  filing  of  this  petition  at  ,  within 

said  judicial  district;  that  he  owes  debts  which  he  is  unable  to  pay 
in  full;  that  he  is  willing  to  surrender  all  his  property  for  the  benefit 
of  his  creditors  except  such  as  is  exempt  by  law,  and  desires  to  obtain 
the  benefit  of  the  acts  of  Congress  relating  to  bankruptcy. 

That  the  schedule  hereto  annexed,  marked  A,  and  verified  by  your 
petitioner's  oath,  contains  a  full  and  true  statement  of  all  his  debts, 
and  (so  far  as  it  is  possible  to  ascertain)  the  names  and  places  of  resi- 
dence of  his  creditors,  and  such  further  statements  concerning  said 
debts  as  are  required  by  the  provisions  of  said  acts. 

That  the  schedule  hereto  annexed,  marked  B,  and  verified  by  your 
petitioner's  oath,  contains  an  accurate  inventory  of  all  his  property, 
both  real  and  personal,  and  such  further  statements  concerning  said 
property  as  are  required  by  the  provisions  of  said  acts. 

Wherefore  your  petitioner  prays  that  he  may  be  adjudged  by  the 
court  to  be  a  bankrupt  within  the  purview  of  said  acts. 


,  Attorney. 

United  States  of  America,  ,  District  of ,  ss. : 

I,  ,  the  petitioning  debtor  mentioned  and  described  in 

the  foregoing  petition,  do  hereby  make  solemn  oath  that  the  statements 
contained  therein  are  true  according  to  the  best  of  my  knowledge,  in- 
formation, and  belief. 

,  Petitioner. 

Subscribed  and  sworn  to  before  me,  this  .  . .  day  of ,  A.  D.  19.  . 


1  State  occupation. 

2  Had  his  principal  place  of  business  or  has  resided,  or  has  had  his  domicile. 


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682  TEXAS  CIVIL  FORM  BOOK. 

OATH  TO  SCHEDULE  "  A." 

United  States  of  America, District  of ,  ss. : 

On  this  ....  day  of ,  A.  D.  19.  .,  before  me  personally  came 

,  the   person   mentioned   in  and  who   subscribed  to  the 

foregoing  schedule,  and  who.  being  by  me  first  duly  sworn,  did  declare 
the  said  schedule  to  be  a  statement  of  all  his  debts,  in  accordance  with 
the  acts  of  Congress  relating  to  bankruptcy. 


Subscribed  and  sworn  to  before  me,  this  .  .  .  day  of  .......  A.  D.  19. . 


TEXAS  CIVIL  FORM  BOOK. 


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PROPERTY  HERETOFORE  CONVEYED  FOR  . 
BENEFIT  OF  CREDITORS  

What  portion  of  debtor's  property  has  been  conveyed  
by  deed  of  assignment,  or  otherwise,  for  benefit  of  
creditors;  date  of  such  deed,  name,  and  address  of  
party  to  whom  conveyed;  amount  realized  therefrom,  
and  disposal  of  same,  so  far  as  known  to  debtor.  ...  

What  sum  or  sums  have  been  paid  to  counsel,  and  to  
whom,  for  services  rendered  or  to  be  rendered  in  this  
bankruptcy  

TEXAS  CIVIL  FORM  BOOK. 


687 


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TEXAS  CIVIL  FORM  BOOK.  G89 

OATH  TO  SCHEDI'LE  "  B." 
United  States  of  America, District  of ss. : 

On  this  ....  day  of A.  I).  1!>.  .,  before  me  personally  came 

,  the   person   mentioned   in   and   who  subscribed   to  the 

foregoing  schedule,  and  who.  being  by  me  first  duly  sworn,  did  declare 
the  said  schedule  to  be  a  statement  of  all  his  estate,  l>oth  real  and 
personal,  in  accordance  with  the  acts  of  Congress  relating  to  bankruptcy. 


Subscribed  and  sworn  to  before  me,  this  .  . .  day  of V.  D.  19. . 


Form  Book  —  -14. 


690 


TEXAS  CIVIL  FORM  BOOK. 


SUMMARY  OF  DEBTS  AND  ASSETS. 
[Iiom  the  statements  of  the  bankrupt  in  Schedules  "A"  and  "B."] 


Schedule  A  

1  (1) 

Taxes  and  debts  due  United  States  .  .  . 

Schedule  A  

1   (2) 

Taxes  due  States,  counties,  districts, 

•   and  municipalities  

Schedule  A  

1  (3) 

Wages  

Schedule  A  

1   (4) 

Other  debts  preferred  by  law  

Schedule  A  

2 

Secured  claims  

Schedule  A   

3 

Unsecured  claims  

Schedule  A  

4 

Notes  and  bills  which  ought  to  be  paid 

by  other  parties  thereto  

Schedule  A  

5 

Accommodation  paper  

Schedule  A,  total  

Schedule  B 

1 

Real  estate 

Schedule  B  

2-a 

Cash  on  hand  

Schedule  B  

2-b 

Bills,  promissory  notes,    and  securities 

Schedule  B  

2-c 

Stock  in  trade  

Schedule  B 

2-d 

Household  goods,  etc  

Schedule  B   . 

2-e 

Books,  prints,  and  pictures   .        ... 

Schedule  B  

2-f 

Horses,  cows,  and  other  animals  

Schedule  B  

2-g 

Carriages  and  other  vehicles  

Schedule  B  

2-h 

Farming  stock  and  implements  

Schedule  B   

2-i 

Shipping  and  shares  in  vessels  

Schedule  B  

2-k 

Machinery,  tools,  etc  

Schedule  B   

2-1 

Patents,  copyrights  and  trade  marks. 

Schedule  B  

2-m 

Other  personal  property  

Schedule  B 

3  a 

Debts  due  on  open  accounts 

Schedule  B 

3  b 

Stocks,  negotiable  bonds,  etc 

Schedule  B  

3-c 

Policies  of  insurance  

Schedule  B  

3-d 

Unliquidated  claims  

Schedule  B   . 

3-e 

Deposits  of  money  in  banks  and  else- 

where    

Schedule  B  

4 

Property  in  reversion,  remainder,  trust, 

etc  

Schedule  B  

5 

Property  claimed  to  be  exempted  

Schedule  B  

6 

Books,  deeds,  and  papers  

Schedule  B.  total.. 

TEXAS  CIVIL  FORM  BOOK.  691 

No.  751  3-4. 

PARTNERSHIP  PETITION. 
(Form  No.  2.) 

To  the  Honorable   ,  Judge  of  the  District  Court  of  the 

United  States  for  the District  of  Texas : 

The  petition  of respectfully  represents : 

That  your  petitioners  and have  been  partners  under  the 

firm  name  of   &    ,  having  their  principal 

place  of  business  at ,  in  the  county  of ,  and  district 

and  State  of  Texas,  for  the  greater  portion  of  the  six  months  next 
immediately  preceding  the  filing  of  this  petition ;  that  the  said  partners 
owe  debts  which  they  are  unable  to  pay  in  full;  that  your  petitioners 
are  willing  to  surrender  all  their  property  for  the  benefit  of  their  credit- 
ors except  such  as  is  exempt  by  law,  and  desire  to  obtain  the  benefit  of 
the  acts  of  Congress  relating  to  bankruptcy. 

That  the  schedule  hereto  annexed,  marked  A,  and  verified  by 

oath.  .,  contains  a  full  and  true  statement  of  all  the  debts  of  said 
partners,  and,  as  far  as  possible,  the  names  and  places  of  residence  of 
their  creditors,  and  such  further  statements  concerning  said  debts  as 
are  required  by  the  provisions  of  said  acts. 

That  the  schedule  hereto  annexed,  marked  B,  verified  by   

oath .  . ,  contains  an  accurate  inventory  of  all  the  property,  real  and 
personal,  of  said  partners,  and  such  further  statements  concerning  said 
property  as  are  required  by  the  provisions  of  said  acts. 

And  said    further  states  that  the  schedule  hereto 

annexed,  marked  C,  verified  by  his  oath,  contains  a  full  and  true  state- 
ment of  all  his  individual  debts,  and,  as  far  as  possible,  the  names  and 
places  of  residence  of  his  creditors,  and  such  further  staements  con- 
cerning said  debts  as  are  required  by  the  provisions  of  said  acts;  and 
that  the  schedule  hereto  annexed,  marked  D,  verified  by  his  oath,  con- 
tains an  accurate  inventory  of  all  his  individual  property,  real  and  per- 
sonal, and  such  further  statements  concerning  said  property  as  are  re- 
quired by  the  provisions  of  said  acts. 

And  said further  states  that  the  schedule  hereto  an- 
nexed, marked  E,  verified  by  his  oath,  contains  a  full  and,  true  statement 
of  all  his  individual  debts,  and,  as  far  as  possible,  the  names  and  places 
of  residence  of  his  creditors,  and  such  further  statements  concerning 
said  debts  as  are  required  by  the  provisions  of  said  acts;  and  that  the 
schedule  hereto  annexed,  marked  F,  verified  by  his  oath,  contains  an 
accurate  inventory  of  all  his  individual  property,  real  and  personal,  and 
such  further  statements  concerning  said  property  as  are  required  by  the 
provisions  of  said  acts. 

And  said further  states  that  the  schedule  hereto  an- 
nexed, marked  G,  verified  by  his  oath,  contains  a  full  and  true  statement 
of  all  his  individual  debts,  and,  as  far  as  possible,  the  names  and  places 


692  TEXAS  CIVIL  FORM  BOOK. 

of  residence  of  his  creditors,  and  such  further  statements  concern- 
ing said  debts  as  are  required  by  the  provisions  of  said  acts;  and 
that  the  schedule  hereto  annexed,  marked  H,  verified  by  his  oath,  con- 
tains an  accurate  inventory  of  all  his  individual  property,  real  and 
personal,  and  such  further  statements  concerning  said  property  as  are 
required  by  the  provisions  of  said  acts. 

And  said  further  states  that  the  schedule  hereto 

annexed,  marked  J,  verified  by  his  oath,  contains  a  full  and  true  state- 
ment of  all  his  individual  debts,  and,  as  far  as  possible,  the  names  and 
places  of  residence  of  his  creditors,  and  such  further  statements  con- 
cerning said  debts  as  are  required  by  the  provisions  of  said  act;  and 
that  the  schedule  hereto  annexed,  marked  K,  verified  by  his  oath,  con- 
tains an  accurate  inventory  of  all  his  individual  property,  real  and 
personal,  and  such  further  statements  concerning  said  property  as  are 
required  by  the  provisions  of  said  acts. 

Wherefore  your  petitioners  pray  that  the  said  firm  may  be  adjudged 
by  a  decree  of  the  court  to  be  bankrupts  within  the  purview  of  said  acts. 


Petitioners. 
Attorney. 


and ,  the  petitioning  debtors  mentioned 

and  described  in  the  foregoing  petition,  do  hereby  make  solemn  oath 
that  the  statements  contained  therein  are  true  according  to  the  best  of 
their  knowledge,  information  and  belief. 


Petitioners. 

Subscribed  and  sworn  to  before  me,  this day  of ,  A.  D. 

19.. 

(Seal.)  

(Official  character.) 

[Schedules  to  be  annexed  corresponding  with  schedules  under  Form 
JSTo.  75iy2.] 


TEXAS  CIVIL  FORM  BOOK.  093 

No.  752. 

CREDITORS'  PETITION. 

(Form  No.  3.) 

To  the  Honorable   ,  Judge  of  the  District  Court  of  the 

United  States  for  the District  of  Texas,  at 

The  petition  of  ,  of   ,  and   ,  of 

,  and (a  corporation),  of ,  respectfully 

shows : 

That ,  of ,  has  for  the  greater  portion  of  six 

months  next  preceding  the  date  of  filing  this  petition,  had  his  principal 

place  of  business  (or  resided,  or  had  his  domicile)  at ,  in  the 

county  of and  State  and  district  aforesaid,  and  owes  debts  to 

the  amount  of  $ 

That  your  petitioners  are  creditors  of  said ,  having 

probable  claims  amounting  in  the  aggregate,  in  excess  of  securities  held 
by  them,  to  the  sum  of  $500.  That  the  nature  and  amount  of  your 

petitioner's  claims  are  as  follows (here  state  the  amount  and 

nature  of  each  petitioner's  claim). 

And  your  petitioners  further  represent  that  said is 

insolvent,  and  that  within  four  months  next  preceding  the  date  of  this 

petition  the  said committed  an  act  of  bankruptcy,  in  tfiat 

he  did  heretofore,  to  wit,  on  the  ....  day  of ,  A.  D.  19.  .,  while 

insolvent (here  state  the  act  of  bankruptcy  complained  of). 

Wherefore  your  petitioners  pray  that  service  of  this  petition,  with  a 

subpo?na,  may  be  made  upon  as  provided  in  the  acts  of 

Congress  relating  to  bankruptcy,  and  that  he  may  be  adjudged  by  the 
court  to  be  a  bankrupt  within  the  purview  of  said  acts. 


Petitioners. 
,,  Attorney. 


United  States  of  America,  District  of ss. : 

, and   being  three  of  the 

petitioners  above  named,  do  hereby  make  solemn  oath  that  the  state- 
ments contained  in  the  foregoing  petition,  subscribed  by  them,  are  true. 

Before  me,  this  ....  day  of A.  D.  10 .. 

(Seal.) 

(Official  character.) 

[Schedules  to  be  annexed  corresponding  with  schedules  under  Form 
Xo.  75iy2.] 


694 


TEXAS  CIVIL  FORM  BOOK. 


No.  753. 


ORDER  TO  SHOW  CAUSE  UPON  CREDITORS'  PETITION. 

(Form  No.  4.) 

In  the  District  Court  of  the  United  States  for  the District  of 

Texas.     In  the  Matter  of   ,  in  Bankruptcy. 

Upon  consideration  of  the  petition  of that 

be  declared  a  bankrupt,  it  is  ordered  that  the  said do 

appear  at  this  court,  as  a  court  of  bankruptcy,  to  be  holden  at , 

in  the  district  aforesaid,  on  the  ....  day  of ,  A.  D.  19.  .,  at  . .  . 

o'clock  in  the  .  .  .  .noon,  and  show  cause,  if  any  there  be,  why  the  prayer 
of  said  petition  should  not  be  granted;  and 

It  is  further  ordered  that  a  copy  of  said  petition,  together  with  a  writ 

of  subpoena,  be  served  on  said    ,  by  delivering  the  same 

to  him  personally  or  by  leaving  the  same  at  his  usual  place  of  abode  in 
said  district,  at  least  five  days  before  the  aforesaid. 

Witness  the  Honorable   ,  judge  of  the  said  court,  and 

the  seal  thereof,  at ,  in  said  district,  on  the  ....  day  of , 

A.  D.  19  .  . 

(Seal  of  the  Court.) Clerk. 


No.  754. 

SUBPffiNA    TO  ALLEGED  BANKRUPT. 

(Form  No.  5,) 

United  States  of  America, District  of  Texas.     To 

in  said  District  —  Greeting : 

For  certain  causes  offered  before  the  District  Court  of  the  United 

States  of  America  within  and  for  the District  of  Texas,  as  a 

court  of  bankruptcy,  we  command  and  strictly  enjoin  you,  laying  all 
other  matters  aside  and  notwithstanding  any  excuse,  that  you  per- 
sonally appear  before  our  said  District  Court  to  be  holden  at  ......... 

in  said  district,  on  the  ....  day  of ,  A.  D.  19  .  . , to 

answer  to  a  petition  filed  by in  our  said  court,  praying 

that  you  may  be  adjudged  a  bankrupt;  and  to  do  further  and  receive 
that  which  our  said  District  Court  shall  consider  in  this  behalf.  And 
this  you  are  in  nowise  to  omit,  under  the  pains  and  penalties  of  what 
may  befall  thereon. 

Witness  the  Honorable    ,  judge  of  said  court,  and  the 

seal  thereof,  at ,  this  ....  day  of ,  A.  D.  19  .  . 

(Seal  of  the  Court.)  ,  Clerk. 


TEXAS  CIVIL  FORM  BOOK.  r,95 

No.  755. 

DENIAL   OF    BANKRUPT. 
(Form  No.  6.) 

In  the  District  Court  of  the  United  States  for  the District  of 

Texas,  at 

In  the  Matter  of  In  Bankruptcy.  At  ,  in 

said  district,  on  the  ....  day  of A.  D.  19  . . 

And  now  the  said appears,  and  denies  that  he  has  com- 
mitted the  act  of  bankruptcy  set  forth  in  said  petition,  or  that  he  is 
insolvent,  and  avers  that  he  should  not  be  declared  bankrupt  for  any 
cause  in  said  petition  alleged;  and  this  he  prays  may  be  inquired  of  by 
the  court  (or  he  demands  that  the  same  may  be  inquired'of  by  a  jury). 


Subscribed  and  sworn  to  before  me,  this  ....  day  of,  ,  A.  D. 

19  .. 

(Seal.)  

(Official  character.) 


No.  756. 

ORDER  FOR  JURY  TRIAL. 
(Form  No.  7.) 

In  the  District  Court  of  the  United  States  for  the District  of 

Texas. 

In  the  Matter  of   In  Bankruptcy.     At  ,  in 

said  district,  on  the  ....  day  of ,  A.  D.  19 .. 

Upon  the  demand  in  writing  filed  by ,  alleged  to  be  a 

bankrupt,  that  the  fact  of  the  commission  by  him  of  an  act  of  bank- 
ruptcy, and  the  fact  of  his  insolvency,  may  be  inquired  of  by  a  jury,  it 
is  ordered  that  said  issue  be  submitted  to  a  jury. 
(Seal  of  the  Court.)  ,  Clerk. 


No.  757. 

SPECIAL   WARRANT   TO   MARSHAL. 
(Form  Xo.  8.) 

In  the  District  Court  of  the  United  States  for  the District  of 

Texas.     In  the  Matter  of   in  Bankruptcy. 

To  the  Marshal  of  said  District  or  to  either  of  his  Deputies— Greeting: 

AVhereas  a  petition  for  adjudication  of  bankruptcy  was,  on  the  . . . 
.day  of ,  A.  D.  19. .,  filed  against ,  of  the  county  of 


096  TEXAS  CIVIL  FORM  BOOK. 

and  State  of  Texas,  in  said  district,  and  said  petition  is  still 

pending;  and  whereas  it  satisfactorily  appears  that  said 

has  committed  an  act  of  bankruptcy  (or  has  neglected  or  is  neglecting, 
or  is  about  to  so  neglect  his  property  that  it  has  thereby  deteriorated, 
or  is  thereby  deteriorating,  or  is  about  thereby  to  deteriorate  in  value), 
you  are  therefore  authorized  and  required  to  seize  and  take  possession 

of  all  the  estate,  real  and  personal,  of  said ,  and  of  all  his 

deeds,  books  of  account  and  papers,  and  to  hold  and  keep  the  same  safely 
subject  to  the  further  order  of  the  court. 

Witness  the  Honorable ,  judge  of  the  said  court,  and 

the  seal  thereof,  at ,  in  said  district,  on  the  ....  day  of , 

A.  D.  19.. 

(Seal  of  the  Court.)  ,  Clerk. 

RETURN  BY  MARSHAL  THEREON. 

By  virtue  of  the  within  warrant  I  have  taken  possession  of  the  estate 

of  the  within   named ,   and   of  all   his  deeds,   books  of 

account  and  papers  which  have  come  to  my  knowledge. 


Marshal  (or  Deputy  Marshal). 


No.  758. 

BOND   OF   PETITIONING   CREDITOR. 

(Form  No.  9.) 

Know  all  men  by  these  presents,  that  we, ,  as  principal, 

and and ,  as  sureties,  are  held  and  firmly 

bound  unto ,  in  the  full  and  just  sum  of dollars,  to 

be  paid  to  the  said  ,  his  executors,  administrators  or 

assigns,  to  which  payment,  well  and  truly  to  be  made,  we  bind  our- 
selves, our  heirs,  executors  and  administrators,  jointly  and  severally,  by 
these  presents. 

Signed  and  sealed  this  ....  day  of ,  A.  D.  19. . 

The  condition  of  this  obligation  is  such,  that  whereas  a  petition  in 
bankruptcy  has  been  filed  in  the  District  Court  of  the  United  States 

for  the District  of  Texas,  at ,  against  the  said 

,  and  the  said has  applied  to  that  court  for 

a  warrant  to  the  marshal  of  said  district  directing  him  to  seize  and 

hold  the  property  of  said ,  subject  to  the  further  orders  of 

said  district  court: 

Now  therefore  if  such  a  warrant  shall  issue  for  the  seizure  of  said 

property,  and  if  the  said shall  indemnify  the  said 

for  such  damages  as  he  shall  sustain  in  the  event  such 


TEXAS  CIVIL  FORM  BOOK.  607 

seizure  shall  prove  to  have  been  wrongfully  obtained,  then  the  above 
obligation  to  be  void;  otherwise  to  remain  in  full  force  and  virtue. 

(Seal.) 

(Seal.) 

(Seal.) 

Sealed  and  delivered  in  the  presence  of 


Approved  this  ....  day  of ,  A.  D.  19. . 

,  District  Judge. 


No.  759. 

BOND  TO  MARSHAL. 
(Form  No.  10.) 

Know  all  men  by  these  presents,  that  we, ,  as  principal, 

and and ,  as  sureties,  are  held  and  firmly 

bound  unto ,  marshal  of  the  United  States  for  the 

District  of  Texas,  in  the  full  and  just  sum  of dollars, 

to  be  paid  to  the  said ,  his  executors,  administrators  or 

assigns,  to  which  payment,  well  and  truly  to  be  made,  we  bind  ourselves, 
our  heirs,  executors  and  administrators,  jointly  and  severally,  by  these 
presents. 

Signed  and  sealed  this  ....  day  of ,  A.  D.  19 . . 

The  condition  of  this  obligation  is  such,  that  whereas  a  ^petition  in 
bankruptcy  has  been  filed  in  the  District  Court  of  the  United  States 

for  the District  of  Texas,  against  the  said ,  and 

the  said  court  has  issued  a  warrant  to  the  marshal  of  the  United  States 
for  said  district,  directing  him  to  seize  and  hold  property  of  the  said 

,  subject  to  the  further  order  of  the  court,  and  the  said 

property  has  been   seized  by  said  marshal  as  directed,  and   the  said 

district  court  upon  a  petition  of  said has  ordered  the  said 

property  to  be  released  to  him : 

Now  therefore  if  the  said  property  shall  be  released  accordingly  to 

the  said ,  and  the  said ,  being  adjudged  a 

bankrupt,  shall  turn  over  said  property  or  pay  the  value  thereof  in 
money  to  the  trustee,  then  the  above  obligation  to  be  void ;  otherwise  to 
remain  in  full  force  and  virtue. 

(Seal.) 

(Seal.) 

(Seal.) 

Sealed  and  delivered  in  the  presence  of 


Approved  this  ....  day  of ,  A.  D.  19. . 

,  District  Judge. 


698  TEXAS  CIVIL  FORM  BOOK. 

No.  760. 

ADJUDICATION    THAT    DEBTOR    IS    NOT   BANKRUPT. 

(Form  No.  11.) 

In  the  District  Court  of  the  United  States  for  the District  of 

Texas.     In  the  Matter  of   in  Bankruptcy. 

At ,  in  said  district,  on  the  ....  day  of ,  A.  D.  19 . ., 

before  the  Honorable ,  judge  of  the District  of 

Texas. 

This  cause  came  on  to  be  heard  at ,  in  said  court,  upon  the 

petition    of that be    adjudged   a   bankrupt 

within  the  true  intent  and  meaning  of  the  acts  of  Congress  relating  to 
bankruptcy,  and  (here  state  the  proceedings,  whether  there  was  no  oppo- 
sition, or,  if  opposed,  state  what  proceedings  were  had). 

And  thereupon,  and  upon  consideration  of  the  proofs  in  said  cause 
(and  the  arguments  of  counsel  thereon,  if  any),  it  was  found  that  the 
facts  set  forth  in  said  petition  were  not  proved;  and  it  is  therefore 

adjudged  that  said was  not  a  bankrupt,  and  that  said 

petition  be  dismissed,  with  costs. 

Witness  the  Honorable ,  judge  of  said  court,  and  the 

seal  thereof,  at ,  in  said  district,  on  the  ....  day  of  ....... 

A.  D.  19.. 

(Seal  of  the  Court.)  ,  Clerk. 


No.  761. 

ADJUDICATION    OF    BANKRUPTCY. 

(Form  No.  12.) 

In  the  District  Court  of  the  United  States  for  the District  of 

Texas.     In  the  Matter  of ,  Bankrupt.     In  Bankruptcy. 

At ,  in  said  district,  on  the  ....  day  of ,  A.  D.  19  . ., 

before  the  Honorable ,  judge  of  said  court  in  bankruptcy, 

the  petition  of that be  adjudged  a  bankrupt, 

within  the  true  intent  and  meaning  of  the  acts  of  Congress  relating  to 

bankruptcy,  having  been  heard  and  duly  considered,  the  said 

i?  hereby  declared  and  adjudged  bankrupt  accordingly. 

Witness  the  Honorable  ,  judge  of  said  court,  and  the 

seal  thereof,  at ,   in  said  district,  on  the day  of , 

A.  D.  19  .  . 

(Seal  of  the  Court.)  Clerk. 


TEXAS  CIVIL  FOBM  BOOK. 


B99 


No.  762. 

APPOINTMENT,  OATH  AND   REPORT  OF  APPRAISERS. 
(Form  No.  13.) 

in  the  District  Court  of  the  United  States  for  the District  of 

Texas.    In  the  Matter  of ,  Bankrupt.    In  Bankruptcy. 

It  is  ordered  that ,  of ,  ,  of 

'  j  and ,  of ,  three  disinterested  persons, 

be,  and  they  are  hereby  appointed  appraisers  to  appraise  the  real  and 
personal  property  belonging  to  the  estate  of  the  said  bankrupt  set  out 
in  the  schedules  now  on  file  in  this  court,  and  report  their  appraisal  to 
the  court,  said  appraisal  to  be  made  as  soon  as  may  be,  and  the  ap- 
praisers to  be  duly  sworn. 

Witness  my  hand  this  ....  day  of ,  A.  D.  19  . . 


Referee  in  Bankruptcy. 
District  of  Texas,  ss. : 

Personally   appeared   the   within   named and   severally 

made  oath  that  they  will  well  and  fairly  appraise  the  aforesaid  real  and 
personal  property  according  to  their  best  skill  and  judgment. 


Subscribed  and  sworn   to   before  me,  this  ....  day  of A.  1). 

19  .. 

(Official  character.) 

We,  the  undersigned,  having  been  notified  that  we  were  appointed  to 
estimate  and  appraise  the  real  and  personal  property  aforesaid,  have 
attended  to  the  duties  assigned  us,  and  after  a  strict  examination  and 
careful  inquiry,  we  do  estimate  and  appraise  the  same  as  follows: 


Dollars 


Cent* 


In  witness  whereof  we  hereunto  set  our  hands  at 
day  of  .  ,  A.  D.  19  . 


, .  this 


700  TEXAS  CIVIL  FORM  BOOK. 

No.  763. 

ORDER  OF  REFERENCE. 

(Form  No.  14.) 

In  the  District  Court  of  the  United  States  for  the District  of 

Texas.    In  the  Matter  of ,  Bankrupt.    In  Bankruptcy. 

Whereas, ,  of ,  in  the  county  of and 

district  aforesaid,  on  the  ....  day  of ,  A.  D.  19  .  .,  was  duly  ad- 
judged a  bankrupt  upon  a  petition  filed  in  this  court  by  (or  against) 

him  on  the  ....  day  of ,  A.  D.  19  .  .,  according  to  the  provisions 

of  the  acts  of  Congress  relating  to  bankruptcy: 

It  is  thereupon  ordered,  that  said  matter  be  referred  to , 

one  of  the  referees  in  bankruptcy  of  this  court,  to  take  such  further 
proceedings  therein  as  are  required  by  said  acts;  and  that  the  said 

shall   attend   before   said  referee   on   the    ....    day  of 

at ,  and  thenceforth  shall  submit  to  such  orders  as  may 

be  made  by  said  referee  or  by  this  court  relating  to  said 

bankruptcy. 

Witness  the  Honorable ,  judge  of  said  court,  and  the 

seal  thereof,  at ,  in  said  district,  on  the  ....  day  of , 

A.  D.  19  . . 

(Seal     of  the  Court.)  ,  Clerk. 


No.  764. 

ORDER  OF  REFEREE  IN  JUDGE'S  ABSENCE. 

(Form  No.  15.) 

In  the  District  Court  of  the  United  States  for  the District  of 

Texas.     In  the  Matter  of ,  in  Bankruptcy. 

Whereas,  on  the  ....  day  of ,  A.  D.  19  .  .,  a  petition  was  filed 

to  have ,  of ,  in  the  county  of ,  and  dis- 
trict aforesaid,  adjudged  a  bankrupt  according  to  the  provisions  of  the 
acts  of  Congress  relating  to  bankruptcy;  and  whereas  the  judge  of  said 
court  was  absent  from  said  district  at  the  time  of  filing  said  petition 
(or  in  case  of  involuntary  bankruptcy,  on  the  next  day  after  the  last- 
day  on  which  pleadings  might  have  been  filed,  and  some  have  been 
filed  by  the  bankrupt  or  any  of  his  creditors),  it  is  thereupon  ordered 

that  the  said  matter  be  referred  to ,  one  of  the  referees  in 

bankruptcy  of  this  court,  to  consider  this  petition  and  take  such  pro- 
ceedings therein  as  are  required  by  said  acts ;  and  that  the  said 

shall  attend  before  said  referee  on  the  ....  day  of ,  A.  D.  19  .  . 

Witness  my  hand  and  seal  of  said  court,  at ,  in  said  district, 

on  the  ....  day  of ,  A.  D.  19  .  . 

(Seal  of  the  Court.)  ,  Clerk. 


TEXAS  CIVIL  FORM  BOOK.  701 

No.  765. 

REFEREE'S  OATH  OF  OFFICE. 

(Form  No.  16.) 

I>    ,  do  solemnly' swear  that  I  will  administer  justice 

without  respect  to  persons,  and  do  equal  right  to  the  poor  and  to  the 
rich,  and  that  I  will  faithfully  and  impartially  discharge  and  perform 
all  the  duties  incumbent  on  me  as  referee  in  bankruptcy,  according  to 
the  best  of  my  abilities  and  understanding,  agreeably  to  the  Constitu- 
tion and  laws  of  the  United  States.  So  help  me  God'. 


Subscribed  and  sworn  to  before  me,  this  ....  day  of ,  A.  D. 

19  . 


.,  District  Judge. 


No.  766. 

BOND  OF  REFEREE. 

(Form  No.  17.) 

Know  all  men  by  these  presents,  that  we, of , 

as  principal,  and of ,  and of , 

as  sureties,  are  held  and  firmly  bound  to  the  United  States  of  America 

in  the  sum  of dollars,  lawful  money  of  the  United  States,  to  be 

paid  to  the  said  United  States,  for  the  payment  of  which,  well  and 
truly  to  be  made,  we  bind  ourselves,  our  heirs,  executors  and  adminis- 
trators, jointly  and  severally,  by  these  presents. 

Signed  and  sealed  this  ....  day  of ,  A.  D.  19. . 

The  condition  of  this  obligation  is  such  that  whereas  the  said 

has  been  on  the  ....  day  of ,   A.   D.    19  .  .,   appointed  by  the 

Honorable ,  judge  of  the  District  Court  of  the  United 

States  for  the District  of  Texas,  a  referee  in  bankruptcy,  in 

and  for  the  county  of ,  in  said  district,  under  the  acts  of 

Congress  relating  to  bankruptcy: 

Xow    therefore,  if  the  said shall  well  and  faithfully 

discharge  and  perform  all  the  duties  pertaining  to  the  said  office  of 
referee  in  bankruptcy,  then  this  obligation  to  be  void;  otherwise  to 
remain  in  full  force  and  virtue. 

(Seal.) 

(Seal.) 

(Seal.)  * 

Signed  and  sealed  in  the  presence  of 


Approved  this day  of ,  A.  D.  19. . 

,  District  Judge. 


702 


TEXAS  CIVIL  FORM  BOOK. 


No.  767. 


NOTICE  OF  FIRST  MEETING  OF  CREDITORS. 

(Form  No.  18.) 

In  the  District  Court  of  the  United  States  for  the  ........  District  of 

Texas.     In  the  Matter  of  ..........  ,  Bankrupt.    In  Bankruptcy. 

To  the  Creditors  of  ..........  ,  of  ........  ,  in  the  County  of  ........ 

and  District  aforesaid,  a  Bankrupt: 

Notice  is  hereby  given  that  on  the  ----  day  of  ......  ,  A.  D.  19.  ., 

the  said  ............  was  duly  adjudicated  bankrupt;  and  that  the  first 

meeting  of  his  creditors  will  be  held  at  .......  in  .......  ,  on  the  ..... 

day  of  ......  ,  A.  D.  ,19  .  .,  at  ____  o'clock  in  the  ......  noon,  at  which 

time  the  said  creditors  may  attend,  prove  their  claims,  appoint  a 
trustee,  examine  the  bankrupt,  and  transact  such  other  business  as  may 
properly  come  before  said  meeting. 


Eeferee  in  Bankruptcy. 


No.  768. 

LIST  OF  DEBTS  PROVED  AT  FIRST  MEETING. 
(Form  No.  19.) 

In  the  District  Court  of  the  United  States  for  the District  of 

Texas.     In  the  Matter  of ,  Bankrupt.     In  Bankruptcy. 

At ,  in  said  district,  on  the  ....  day  of ,  A.  D.  19 . ., 

before ,  referee  in  bankruptcy. 

The  following  is  a  list  of  creditors  who  have  this  day  proved  their 
debts : 


Names  of  Creditors 

Residence 

Debts  proved 

Dollars 

Cents 

Referee  in  Bankruptcy. 


TEXAS  CIVIL  FORM  BOOK.  703 

No.  769. 

GENERAL  LETTER  OF  ATTORNEY  IN  FACT  WHEN  CREDITOR  IS  NOT 
REPRESENTED  BY  ATTORNEY  AT  LAW. 

(Form  No.  20.) 

In  the  District  Court  of  the  United  States  for  the District  of 

Texas.    In  the  Matter  of ,  Bankrupt.    In  Bankruptcy. 

To ,   : 

I, ,  of ,  in  the  county  of and  State  of 

Texas,  do  hereby  authorize  you,  or  any  one  of  you,  to  attend  the  meet- 
ing or  meetings  of  creditors  of  the  bankrupt  aforesaid  at  a  court  of 
bankruptcy,  wherever  advertised  or  directed  to  be  holden,  on  the  day 
and  the  hour  appointed  and  notified  by  said  court  in  said  matter,  or  at 
such  other  place  and  time  as  may  be  appointed  by  the  court  for  holding 
such  meeting  or  meetings,  or  at  which  such  meeting  or  meetings,  or  any 
adjournment  or  adjournments  thereof,  may  be  held,  and  then  and  there 
from  time  to  time,  and  as  often  as  there  may  be  occasion,  for  me  and  in 
my  name  to  vote  for  or  against  any  proposal  or  resolution  that  may  be 
then  submitted  under  the  acts  of  Congress  relating  to  bankruptcy;  and 
in  the  choice  of  trustee  or  trustees  of  the  estate  of  the  said  bankrupt, 
and  for  me,  to  assent  to  such  appointment  of  trustee;  and  with  like 
powers  to  attend  and  vote  at  any  other  meeting  or  meetings  of  cred- 
itors, or  sitting  or  sittings  of  the  court,  which  may  be  held  therein  for 
any  of  the  purposes  aforesaid;  and  also  to  accept  any  composition  pro- 
posed by  said  bankrupt  in  satisfaction  of  his  debts,  and  to  receive  pay- 
ment of  dividends  and  of  money  due  me  under  any  composition,  and 
for  any  other  purpose  in  my  interest  whatsoever,  with  full  power  of 
substitution. 

In  witness  whereof  I'  have  hereunto  signed  my  name  and  affixed  my 

seal  the day  of ,  A.  D.  19 . . 

(Seal.) 

Signed,  sealed  and  delivered  in  presence  of 


Acknowledged  before  me,  this  ....  day  of ,  A.  D.  19  . . 

(Official  character.) 


No.  770. 

SPECIAL   LETTER  OF  ATTORNEY  IN  FACT. 

(Form  Xo.  21.) 

In  the  Matter  of ,  Bankrupt.     In  Bankruptcy. 

To , : 

I  hereby  authorize  you,  or  any  of  you,  to  attend  the  meeting  of 
creditors  in  this  matter,  advertised  or  directed  to  be  holden  at , 


704 


TEXAS  CIVIL  FORM  BOOK. 


on  the  ....  day  of ,  A.  D.  19 . . ,  before ,  or  any 

adjournment  thereof,  and  then  and  there for and  in 

name  to  vote  for  or  against  any  proposal  or  resolution  that  may 

be  lawfully  made  or  passed  at  such  meeting  or  adjourned  meeting,  and 

in  the  choice  of  trustee  or  trustees  of  the  estate  of  the  said  bankrupt. 

In  witness  whereof  I  have  hereunto  signed  my  name  and  affixed  my 

seal  the  ....  day  of ,  A.  D.  19 .  . 

(Seal.)  

Signed,  sealed  and  delivered  in  presence  of 


Acknowledged  before  me,  this  ....  day  of ,  A.  D.  19  .  . 

(Official  character.) 


No.  771. 

APPOINTMENT  OF  TRUSTEE  BY  CREDITORS. 

(Form  No.  22.) 

In  the  District  Court  of  the  United  States  for  the District  of 

Texas.     In  the  Matter  of ,  Bankrupt.     In  Bankruptcy. 

At ,  in  said  district,  on  the  ....  day  of ,  A.  D.  19.  ., 

before ,  referee  in  bankruptcy. 

This  being  the  day  appointed  by  the  court  for  the  first  meeting  of 
creditors  in  the  above  bankruptcy,  and  of  which  due  notice  has  been 
given  in  the  (here  insert  the  names  of  the  newspapers  in  which  notice 
was  published),  we,  whose  names  are  hereunder  written,  being  the 
majority  in  number  and  in  amount  of  claims  of  the  creditors  of  the 
said  bankrupt,  whose  claims  have  been  allowed,  and  who  are  present  at 

this  meeting,  do  hereby  appoint ,  of ,  in  the 

county  of and  State  of  Texas,  to  be  the  trustee  of  the  said 

bankrupt's  estate  and  effects. 


Signature  of  Creditors 

Residence  of  same 

Amount  of  debt 

Dollars 

Cents 

Ordered,  that  the  above  appointment  of  trustee  be  and  the  same  is 
hereby  approved. 


Referee  in  Bankruptcy. 


TEXAS  CIVIL  FORM  BOOK.  705 

No.  772. 

APPOINTMENT  OF  TRUSTEE  BY  REFEREE. 
(Form  No.  23.) 

In  the  District  Court  of  the  United  States  for  the District  of 

Texas.    In  the  Matter  of ,    Bankrupt.    In  Bankruptcy. 

At ,  in  said  district,  on  the  ....  day  of ,  A.  D.  19. ., 

before ,  referee  in  bankruptcy. 

This  being  the  day  appointed  by  the  court  for  the  first  meeting  of 
creditors  under  the  said  bankruptcy,  and  of  which  due  notice  has  been 
given  in  the  (here  insert  the  names  of  the  newspapers  in  which  notice 
was  published),  I,  the  undersigned  referee  of  the  said  court  in  bank- 
ruptcy, sat  at  the  time  and  place  above  mentioned,  pursuant  to  such 
notice,  to  take  the  proof  of  debts  and  for  the  choice  of  trustee  under  the 
said  bankruptcy;  and  I  do  hereby  certify  that  the  creditors  whose  claims 
had  been  allowed  were  present,  or  duly  represented,  failed  to  make 
choice  of  a  trustee  of  said  bankrupt's  estate,  and  therefore  I  do  hereby 

appoint ,  of ,  in  the  county  of and  State 

of  Texas,  as  trustee  of  the  same. 


Eeferee  in  Bankruptcy. 


No.  773. 

NOTICE  TO  TRUSTEE  OF  HIS  APPOINTMENT. 

(Form  No,  24.) 

In  the  District  Court  of  the  United  States  for  the District  of 

Texas.    In  the  Matter  of ,  Bankrupt.     In  Bankruptcy. 

To ,  of ,  in  the  County  of and  District 

aforesaid : 

I  hereby  notify  you  that  you  were  duly  appointed  trustee  (or  one  of 
the  trustees)  of  the  estate  of  the  above  named  bankrupt  at  the  first 

meeting  of  the  creditors,  on  !he day  of ,  A.  D.  19. .,  and  1 

have  approved  said  appointment.  The  penal  sum  of  your  bond  as  such 

trustee  has  been  fixed  at dollars.  You  are  required  to  notify  me 

forthwith  of  your  acceptance  or  rejection  of  the  trust. 

Dated  at .,  the day  of ,  A.  D.  19. . 


Referee  in  Bankruptcy. 


Form  Book  —  45. 


706  TEXAS  CIVIL  FORM  BOOK. 

No.  774. 

BOND   OF  TRUSTEE. 
(Form  No.  25.) 

Know  all  men  by  these  presents,  that  we, ,  of , 

as    principal,    and ,    of ,   and ,    of 

,  as  sureties,  are  held  and  firmly  bound  unto  the  United  States 

of  America  in  the  sum  of dollars,  in  lawful  money  of  the  United 

States,  to  be  paid  to  the  said  United  States,  for  which  payment,  well  and 
truly  to  be  made,  we  bind  ourselves  and  our  heirs,  executors  and  ad- 
ministrators, jointly  and  severally,  by  these  presents. 

Signed  and  sealed  this  ....  day-  of ,  A.  D.  19 . . 

The  condition  of  this  obligation  is  such,  that  whereas  the  above  named 

was,  on  the  ....  day  of ,  A.  D.  19 . . ,  appointed 

trustee  in  the  case  pending  in  bankruptcy  in  said  court,  wherein 

is  the  bankrupt,  and  he,  the  said ,  has 

accepted  said  trust  with  all  the  duties  and  obligations  pertaining  there- 
unto: 

Now  therefore  if  the  said ,  trustee  as  aforesaid,  shall 

obey  such  orders  as  the  court  make  in  relation  to  said  trust,  and  shall 
faithfully  and  truly  account  for  all  the  moneys,  assets  and  effects  of 
the  estate  of  said  bankrupt  which  shall  come  into  his  hands  and  pos- 
session, and  shall  in  all  respects  faithfully  perform  all  his  official  duties 
as  said  trustee,  then  this  obligation  to  be  void,  otherwise  to  remain  in 
full  force  and  virtue. 

(Seal.) 

(Seal.) 

(Seal.) 

Signed  and  sealed  in  presence  of 


No.  775. 

ORDER  APPROVING   TRUSTEE'S   BOND. 

(Form  No.  26.) 

At  a  court  of  bankruptcy,  held  in  and  for  the District  of 

Texas,  at ,  Texas,  this day  of ,  A.  D.  19.  .,  before 

,   referee   in  bankruptcy,   in   the   District   Court   of   the 

United  States  for  the District  of  Texas.     In  the  Matter  of 

,  Bankrupt.     In  Bankruptcy. 

It  appearing  to  the  court  thai ,  of ,  and  in  said 

district,  has  been  duly  appointed  trustee  of  the  estate  of  the  above 
named  bankrupt,  and  has  given"  bond  with  sureties  for  the  faithful 


TEXAS  CIVIL  FORM  BOOK.  707 

performance  of  his  official  duties,  in  the  amount  fixed  by  the  creditors 

(or  by  order  of  the  court),  to  wit,  in  the  sum  of dollars,  it  is 

ordered  that  the  said  bond  be,  and  the  same  is  hereby  approved. 


Referee  in  Bankruptcy. 


No.   776. 

ORDER  THAT  NO  TRUSTEE  BE  APPOINTED. 

(Form  No.  27.) 

In  the  District  Court  of  the  United  States  for  the District  of 

Texas.    In  the  Matter  of ,  Bankrupt.    In  Bankruptcy. 

It  appearing  that  the  schedule  of  the  bankrupt  discloses  no  assets, 
and  that  no  creditor  has  appeared  at  the  first  meeting,  and  that  the 
appointment  of  a  trustee  of  the  bankrupt's  estate  is  not  now  desirable, 
it  is  hereby  ordered  that  until  further  order  of  the  court  no  trustee  be 
appointed  and  no  other  meeting  of  the  creditors  be  called. 


Referee  in  Bankruptcy. 


No.  777. 

ORDER  FOR  EXAMINATION  OF  BANKRUPT. 

(Form  No.  28.) 

In  the  District  Court  of  the  United  States  for  the District  of 

Texas.    In  the  Matter  of ,  Bankrupt.    In  Bankruptcy. 

At ,  on  the  ....  day  of ,  A.  D.  19  . .     Upon  the  appli- 
cation of ,  trustee  of  said  bankrupt  (or  creditor  of  said 

bankrupt),  it  is  ordered  that  said  bankrupt  attend  before , 

one  of  the  referees  in  bankruptcy  of  this  court,  at on  the 

day  of ,  at  ....  o'clock  in  the  .  . .  .noon,  to  submit  to  examina- 
tion under  the  act  of  Congress  relating  to  bankruptcy,  and  that  a  copy 
of  this  order  be  delivered  to  him,  the  said  bankrupt,  forthwith. 


Referee  in  Bankruptcy. 


No.  778. 

EXAMINATION  OF  BANKRUPT  OR  WITNESS. 
(Form  No.  29.) 

In  the  District  Court  of  the  United  States  for  the District  of 

Texas.    In  the  Matter  of ,  Bankrupt.    In  Bankruptcy. 

At ,  in  said  district,  on  the day  of ,  A.  D.  19  . ., 

before ,  one  of  the  referees  in  bankruptcy  of  said  court. 


ros 


TEXAS  CIVIL  FORM  BOOK. 


,  of ,  in  the  county  of ,  and  State  of 

Texas,  being  duly  sworn  and  examined  at  the  time  and  place  above 

mentioned,  upon  his  oath  says (here  insert  substance  of 

examination  of  party.) 


Referee  in  Bankruptcy. 


p  No.  779. 

SUMMONS  TO  WITNESS. 
(Form  No.  30.) 

To ": 

Whereas  ,  of ,  in  the  county  of and 

State  of ,  has  been  duly  adjudged  bankrupt,  and  the  proceed- 
ing in  bankruptcy  is  pending  in  the  District  Court  of  the  United  States 

for  the District  of  Texas.    These  are  to  require  you,  to  whom 

this  summons  is  directed,  personally  to  be  and  appear  before , 

one  of  the  referees  in  bankruptcy  of  the  said  court,  at ,  on 

the  ....  day  of ,  at  ....  o'clock  in  the ....  noon,  then  and  there 

to  be  examined  in  relation  to  said  bankruptcy. 

Witness  the  Honorable  ,  judge  of  said  court,  and  seal 

thereof,  at ,  this  ....  day  of ,  A.  D.  19  .  . 

,  Clerk. 

RETURN   OF   SUMMONS   TO    WITNESS. 

In  the  District  Court  of  the  United  States  for  the District  of 

Texas.    In  the  Matter  of ,  Bankrupt.    In  Bankruptcy. 

On  this  ....  day  of ,  A.  D.  19  . .,  before  me  came , 

of ,  in  the  county  of and  State  of  Texas,  and  makes 

oath,  and  says  that  he  did,  on ,  the  ....  day  of ,  A.  D. 

19  . .,  personally  serve ,   of ,   in  the  county  of 

and  said  State  of  Texas,  with  a  true  copy  of  the  summons 

hereto  annexed,  by  delivering  the  same  to  him;  and  he  further  makes 
oath  and  says  that  he  is  not  interested  in  the  proceeding  in  bankruptcy 
r.amed  in  said  summons. 

Subscribed  and  sworn  to  before  me,  this  ....  day  of ,  A.  D. 

19  . 


TEXAS  CIVIL  FORM  BOOK.  709 

No.  780. 

PROOF    OF    UNSECURED    DEBT. 
(Form  No.  31.) 

In  the  District  Court  of  the  United  States  for  the District  of 

Texas.    In  the  Matter  of ,  Bankrupt.    In  Bankruptcy. 

At ,  in  said  district  of  Texas,  on  the  ....  day  of , 

A.  D.  19  .  .,  came ,  of ,  in  the  county  of r 

in  said  district  of  Texas,  and  made  oath,  and  says  that f 

the  person  by  (or  against)  whom  a  petition  for  adjudication  in  bank- 
ruptcy has  been  filed,  was  at  and  before  the  filing  of  said  petition,  and 

still  is,  justly  and  truly  indebted  to  said  deponent  in  the  sum  of 

dollars ;  that  the  consideration  of  said  debt  is  as  follows : ; 

that  no  part  of  said  debt  has  been  paid   (except )  ;  that  there 

are  no  set-offs  or  counterclaims  to  the  same  (except )  ;  and  that 

the  deponent  has  not,  nor  has  any  person  by  his  order,  or  to  his  knowl- 
edge or  belief,  for  his  use,  had  or  received  any  manner  of  security  for 
said  debt  whatever. 

,  Creditor. 

Subscribed  and  sworn  to  before  me,  this  ....  day  of ,  A.  D. 

19  .. 
(Seal.) 

(Official  character.) 
»  *  • 

No.  781. 

PROOF  OF  SECURED  DEBT. 
(Form  No.  32.) 

In  the  District  Court  of  the  United  States  for  the District  of 

Texas.    In  the  Matter  of ,  Bankrupt.    In  Bankruptcy. 

At  in  said  district  of  Texas,  on  the day  of  , 

A.  D.  19.  .,  came ,  of ,  in  the  county  of 

in  said  district  of  Texas,  and  made  oath,  and  says  that •  • , 

the  person  by  (or  against)  whom  a  petition  for  adjudication  of  bank- 
ruptcy has  been  filed,  was  at  and  before  the  filing  of  said  petition,  and 

still  is,  justly  and  truly  indebted  to  said  deponent,  in  the  sum  of 

dollars;  that  the  consideration  of  said  debt  is  as  follows:  ... 

that  no  part  of  said  debt  has  been  paid  (except );  that  there 

are  no  set-offs  or  counterclaims  to  the  same  (except );  and 

that  the  only  securities  held  by  this  deponent  for  said  debt  are  the 

following : 

,  Creditor. 

Subscribed  and  sworn  to  before  me,  this day  of ,  A.  D. 

19.. 

(Official  character.) 


710  TEXAS  CIVIL  FORM  BOOK. 

No.  782. 

PROOF  OF  DEBT  DUE  CORPORATION. 

(Form  No.  33.) 

In  the  District  Court  of  the  United  States  for  the District  of 

Texas.    In  the  Matter  of ,  Bankrupt.    In  Bankruptcy. 

At ,  in  said  district  of  Texas,  on  the  ....  day  of , 

A.  D.  19. .,  came ,  of ,  in  the  county  of .  i 

and  State  of  Texas,  and  made  oath  and  says  that  he  is of 

the ,  a  corporation  incorporated  by  and  under  the  laws  of  the 

State  of ,  and  carrying  on  business  at ,  in  the  county 

of and  State  of ,  and  that  he  is  duly  authorized  to 

make  this  proof,  and  says  that  the  said ,  the  person  by  (or 

against)  whom  a  petition  for  adjudication  of  bankruptcy  has  been  filed, 
was  at  and  before  the  filing  of  said  petition,  and  still  is,  justly  and 

truly  indebted  to  said  corporation  in  the  sum  of dollars;  that  the 

consideration  of  said  debt  is  as  follows: ;  that  no  part  of  said 

debt  has  been  paid    (except )  ;  that  there  are  no  set-offs  or 

counterclaims  to  the  same  (except )  ;  and  that  said  corpora- 
tion has  not,  nor  has  any  person  by  its  order,  or  to  the  knowledge  or 
belief  of  said  deponent,  for  its  use  had  or  received  any  manner  of 
security  for  said  debt  whatever. 


of  said  Corporation. 

Subscribed  and  sworn  to  before  me,  this  . .  .  day  of  .  . .  .,  A.  D.  19 .. 

(Seal.)  . . ! 

(Official  character.) 


No.  783. 

PROOF   OF   DEBT  BY  PARTNERSHIP. 

(Form  No.  34.) 

In  the  District  Court  of  the  United  States  for  the District  of 

Texas.    In  the  Matter  of -. .  .,  Bankrupt.    In  Bankruptcy. 

At ,  in  said  district  of  Texas,  on  the  ....  day  of , 

A.  D.  19. .,  came ,  of ,  in  the  county  of , 

in  said  district  of  Texas,  and  made  oath  and  says  that  he  is  one  of  the 

firm  of ,  consisting  of  himself  and ,  of , 

in  the  county  of and  State  of ;  that  the  said 

,  the  person  by  (or  against)  whom  a  petition  for  adjudi- 
cation, of  bankruptcy  has  been  filed,  was  at  and  before  the  filing  of 
said  petition,  and  still  is,  justly  and  truly  indebted  to  this  deponent's 

said  firm  in  the  sum  of dollars;  that  the  consideration  of  said 

debt  is  as  follows:   ;  that  no  part  of  said  debt  has  been  paid 


TEXAS  CIVIL  FORM  BOOK.  711 

(except );  that  there  .are  no  set-offs  or  counterclaims  to  the 

same  (except );  and  this  deponent  has  not,  nor  has  his  said 

firm,  nor  has  any  person  by  their  order,  or  to  this  deponent's  knowledge 
or  belief,  for  their  use,  had  or  received  any  manner  of  security  for  said 
debt  whatever. 

,  Creditor. 

Subscribed  and  sworn  to  before  me,  this day  of ,  A.  D. 

19.. 

(Seal.)  

(Official  character.) 


No.  784. 

PROOF  OF  DEBT  BY  AGENT  OR  ATTORNEY. 
(Form  No.  35.) 

In  the  District  Court  of  the  United  States  for  the District  of 

Texas.    In  the  Matter  of ,  Bankrupt.    In  Bankruptcy. 

At ,  in  said  district  of  Texas,  on  the  ....  day  of , 

A.  D.  19. .,  came ,  of ,  in  the  county  of 

and  State  of ,  attorney  (or  authorized  agent)  of ,  in 

the  county  of and  State  of ,  and  made  oath  and  says 

that ,  the   person  by  (or  against)   whom  a  petition  for 

adjudication  of  bankruptcy  has  been  filed,  was  at  and  before  the  filing 
of  said  petition,  and  still  is,  justly  and  truly  indebted  to  the  said 

,  in  the  sum  of dollars;  that  the  consideration  of 

said  debt  is  as  follows :   ;  that  no  part  of  said  debt  has  been 

paid  (except );  and  that  this  deponent  has  not,  nor  has  any 

person  by  his  order,  or  to  this  deponent's  knowledge  or  belief,  for  his 
use  had  or  received  any  manner  of  security  for  said  debt  whatever.  And 
this  deponent  further  says  that  this  deposition  cannot  be  made  by  the 

claimant  in  person  because   ,  and  that  he  is  duly  authorized 

by  his  principal  to  make  this  affidavit,  and  that  it  is  within  his  knowl- 
edge that  the  aforesaid  debt  was  incurred  as  and  for  the  consideration 
above  stated,  and  that  such  debt,  to  the  best  of  his  knowledge  and  belief, 
still  remains  unpaid  and  unsatisfied. 


Subscribed  and  sworn  to  before  me,  this  ....  day  of ,  A.  D. 

19.. 

(Seal.)  

(Official  character.) 


712  TEXAS  CIVIL  FOEM  BOOK. 

No.  785. 

PROOF  OF   SECURED   DEBT  BY  AGENT. 
(Form  No.  36.) 

In  the  District  Court  of  the  United  States  for  the District  of 

Texas.    In  the  Matter  of ,  Bankrupt.    In  Bankruptcy. 

At ,  in  said  district  of  Texas,  on  the  ....  day  of , 

A.  D.  19 . .,  came ,  of ,  in  the  county  of and 

State  of ,  attorney  (or  authorized  agent)  of ,  in  the 

county  of and  State  of ,  and  made  oath  and  says  that , 

the  person  by  (or  against)  whom  a  petition  for  adjudication  of  bank- 
ruptcy has  been  filed,  was  at  and  before  the  filing  of  said  petition,  and 

still  is,  justly  and  truly  indebted  to  the  said in  the  sum  of 

dollars ;  that  the  consideration  of  said  debt  is  as  follows : ; 

that  no  part  of  said  debt  has  been  paid  (except ) ;  that  there  are 

no  set-offs  or  counterclaims  to  the  same  (except )  ;  and  that  the 

only  securities  held  by  said for  said  debt  are  the  following : 

;  and  this  deponent  further  says  that  this  deposition  cannot 

be  made  by  the  claimant  in  person  because ,  and  that  he 

is  duly  authorized  by  his  principal  to  make  this  deposition,  and  that  it 
is  within  his  knowledge  that  the  aforesaid  debt  was  incurred  as  and  for 
the  consideration  above  stated. 


Subscribed  and  sworn  to  before  me,  this  ....  dav  of ,  A.  D. 

19  .. 

(Official  character.) 


No.  786. 

AFFIDAVIT  OF  LOST  BILL  OR  NOTE. 

(Form  No.  37.) 

In  the  District  Court  of  the  United  States  for  the District  of 

Texas.    In  the  Matter  of ,  Bankrupt.    In  Bankruptcy. 

On  this day  of ,  A.  D.  19  . .,  at ,  came  . , 

of ,   in  the  county  of and   State   of ,   and 

makes  oath  and  says  that  the  bill  of  exchange  (or  note),  the  particulars 
whereof  are  underwritten,  has  been  lost  under  the  following  circum- 
stances, to  wit, ;  and  that  he,  this  deponent,  has  not  been  able 

to  find  the  same;  and  this  deponent  further  says  that  he  has  not,  nor 

has  the  said ,  nor  any  person  or  persons  to  their  use,  to 

this  deponent's  knowledge  or  belief,  negotiated  the  said  bill  (or  note), 
nor  in  any  manner  parted  with  or  assigned  the  legal  or  beneficial  interest 


TEXAS  CIVIL  FORM  BOOK. 


713 


therein,  or  any  part  thereof;  and  that  he,  this  deponent,  is  the  person 
now  legally  and  beneficially  interested  in  the  same. 


BILL   OR   NOTE  ABOVE   REFERRED  TO. 


f  Date 

Drawer  or  maker 

Acceptor 

Sum 



Subscribed  and  sworn  to  before  me,  this  ....  day  of ,  A.  D. 

19..  

(Official  character.) 


No.  787. 

ORDER  REDUCING  CLAIM. 

(Form  No.  38.) 

In  the  District  Court  of  the  United  States  for  the District  of 

Texas.     In  the  Matter  of ,  Bankrupt.     In  Bankruptcy. 

At ,  in  said  district,  on  the  ....  day  of ,  A.  D.  19  . . 

Upon  the  evidence  submitted  to  this  court  upon  the  claim  of 

against  said  estate  (and  if  the  fact  be  so,  upon  hearing  counsel  thereon), 
it  is  ordered  that  the  amount  of  said  claim  be  reduced  from  the  sum  of 

dollars,  as  set  forth  in  the  affidavit  in  proof  of  claim  filed  by  said 

creditor  in  said  case,  to  the  sum  of dollars,  and  that  the  latter 

named  sum  be  entered  upon  the  books  of  the  trustee  as  the  true  sum 
upon  which  a  dividend  shall  be  computed  (if  with  interest,  with  interest 
thereon  from  the  ....  day  of ,  A.  D.  19  .  . ). 


Referee  in  Bankruptcy. 


No.  788. 

ORDER  EXPUNGING  CLAIM. 
(Form  No.  39.) 

In  the  District  Court  of  the  United  States  for  the .  District  of 

Texas.    In  the  Matter  of Bankrupt.    In  Bankruptcy. 

At ,  in  said  district,  on  the day  of ,  A.  D.  19  .. 

Upon  the  evidence  submitted  to  the  court  upon  the  claim  of 


714 


TEXAS  CIVIL  FORM  BOOK. 


against  said  estate  (and  if  the  fact  be  so,  upon  hearing  counsel  thereon), 
it  is  ordered  that  said  claim  be  disallowed  and  expunged  from  the  list  of 
claims  upon  the  trustee's  record  in  said  case. 


Eeferee  in  Bankruptcy. 


No.  789. 

LIST  OF  CLAIMS  AND  DIVIDENDS  TO  BE  RECORDED  BY  REFEREE  AND 
BY  HIM  DELIVERED  TO  TRUSTEE. 

(Form  No.  40.) 

In  the  District  Court  of  the  United  States  for  the  ........  District  of 

Texas.    In  the  Matter  of  ..........  ,  Bankrupt.    In  Bankruptcy. 

At  ........  ,  in  said  district,  on  the  ....  day  of  ......  ,  A.  D.  19  .  . 

A  list  of  debts  proved  and  claimed  under  the  bankruptcy  of  ......... 

with  ......  dividend  at   the   rate  of  ....  per  cent  this   day   declared 

thereon  by  ............  ,  a  ref  ef  ee  in  bankruptcy. 


No. 

Creditors 
(To  be  placed  alphabetically,  and  the  names 
of  all  the  parties  to  the  proof  to  be 
carefully  set  forth.) 

Sum  proved 

Dividend 

Dollars 

Cents 

Dollars 

Cents 

Eeferee  in  Bankruptcy. 


No.  790. 

NOTICE  OF  DIVIDEND. 

(Form  No.  41.) 

In  the  District  Court  of  the  United  States  for  the  ........  District  of 

Texas.    In  the  Matter  of  ..........  ,  Bankrupt.     In  Bankruptcy. 

At  ........  ,  on  the  ____  day  of  ......  ,  A.  D.  19  .  . 

To  ............  ,  Creditor  of  ............  ,  Bankrupt  : 

I   hereby   inform  you   that   you   may,   on   application   at  my  office, 
........  ,  on  the  ....  day  of  ......  ,  A.  D.  19  .  .,  or  on  any  day  there- 

after, between  the  hours  of  ......  ,  receive  a  warrant  for  the  ...... 

dividend  due  to  you  out  of  the  above  estate.     If  you  cannot  personally 


TEXAS  CIVIL  FORM  BOOK.  715 

attend,  the  warrant  will  be  delivered  to  your  order  on  your  filing  up 
and  signing  the  subjoined  letter. 

,  Trustee. 

CREDITOR'S  LETTER  TO  TRUSTEE. 

To ,  Trustee  in  Bankruptcy  of  the  Estate  of , 

Bankrupt : 

Please  deliver  to the  warrant  for  dividend  payable  out 

of  the  said  estate  to  me. 


.,  Creditor. 


No.  791. 

PETITION  AND  ORDER  FOR  SALE  BY  AUCTION  OF  REAL  ESTATE. 

(Form  No.  42.) 

In  the  District  Court  of  the  United  States  for  the District  of 

Texas.    In  the  Matter  of ,  Bankrupt.    In  Bankruptcy. 

Respectfully  represents ,  trustee  of  the  estate  of  said 

bankrupt,  that  it  would  be  for  the  benefit  of  said  estate  that  a  certain 

portion  of  the  real  estate  of  said  bankrupt,  to  wit (here  describe 

it  and  its  estimated  value),  should  be  sold  by  auction,  in  lots  or  parcels, 
and  upon  terms  and  conditions  as  follows : 

Wherefore  he  prays  that  he  may  be  authorized  to  make  sale  by  auction 
of  said  real  estate  as  aforesaid. 

Dated  this day  of ,  A.  D.  19  . . 

,  Trustee. 

The  foregoing  petition  having  been  duly  filed,  and  having  come  on  for 
a  hearing  before  me,  of  which  hearing  ten  days'  notice  was  given  by  mail 
to  creditors  of  said  bankrupt,  now,  after  due  hearing,  no  adverse  interest 

being*  represented  thereat  (or  after  hearing in  favor  of  said 

petition  and in  opposition  thereto),  it  is  ordered  that  the 

said  trustee  be  authorized  to  sell  the  portion  of  the  bankrupt's  real 
estate  specified  in  the  foregoing  petition,  by  auction,  keeping  an  accurate 
account  of  each  lot  or  parcel  sold  and  the  price  received  therefor  and  to 
whom  sold ;  which  said  account  he  shall  file  at  once  with  the  referee. 

Witness  my  hand  this  ....  day  of ,  A.  D.  19  .  . 


Referee  in  Bankruptcy. 


716  TEZAS  CIVIL  FORM  BOOK. 

No.  792. 

PETITION  AND   ORDER  FOR   REDEMPTION   OF   PROPERTY  FROM   HEN. 

(Form  No.  43.) 

In  the  District  Court  of  the  United  States  for  the District  of 

Texas.     In  the  Matter  of ,  Bankrupt.     In  Bankruptcy. 

Respectfully  represents ,  trustee  of  the  estate  of  said 

bankrupt,  that  a  certain  portion  of  said  bankrupt's  estate,  to  wit  (here 
describe  the  estate  or  property  and  its  estimated  value),  is  subject  to  a 
mortgage  (describe  mortgage),  or  to  a  conditional  contract  (describing 
it),  or  to  a  lien  (describe  the  origin  and  nature  of  the  lien),  or  (if  the 
property  be  personal  property)  has  been  pledged  or  deposited  and  is 
subject  to  a  lien  for  (describe  the  nature  of  the  lien),  and  that  it  would 
be  for  the  benefit  of  the  estate  that  said  property  should  be  redeemed 
and  discharged  from  the  lien  thereon. 

Wherefore  he  prays  that  he  may  be  empowered  to  pay  out  of  the  assets 

of  said  estate  in  his  hands  the  sum  of dollars,  being  the  amount 

of  said  lien,  in  order  to  redeem  said  property  therefrom. 

Dated  this day  of ,  A.  D.  19. . 

,  Trustee. 

The  foregoing  petition  having  been  duly  filed  and  having  come  on  for 
a  hearing  before  me,  of  which  hearing  ten  days'  notice  was  given  by 
mail  to  creditors  of  said  bankrupt,  now,  after  due  hearing,  no  adverse 

interest  being  represented  thereat  (or  after  hearing in 

favor  of  said  petition  and in  opposition  thereto),  it  is 

ordered  that  the  said  trustee  be  authorized  to  pay  out  of  the  assets  of  the 

bankrupt's  estate  specified  in  the  foregoing  petition  the  sum  of 

dollars,  being  the  amount  of  the  lien,  in  order  to  redeem  the  property 
therefrom. 

Witness  my  hand  this  ....  day  of ,  A.  D.  19  . . 


Referee  in  Bankruptcy. 


No.  793. 

PETITION  AND  ORDER  FOR  SALE  SUBJECT  TO  LIEN. 

(Form  No.  44.) 

In  the  District  Court  of  the  United  States  for  the District  of 

Texas.    In  the  Matter  of ,  Bankrupt.    In  Bankruptcy. 

Eespectfully  represents ,  trustee  of  the  estate  of  said 

bankrupt,  that  a  certain  portion  of  said  bankrupt's  estate,  to  wit  (here 
describe  the  estate  or  property  and  its»  estimated  value),  is  subject  to  a 
mortgage  (describe  mortgage),  or  to  a  conditional  contract  (describe  it), 
or  to  a  lien  (describe  the  origin  and  nature  of  the  lien),  or  (if  the  prop- 


TEXAS  CIVIL  FORM  BOOK.  717 

erty  be  personal  property)  has  been  pledged  or  deposited  and  is  subject 
to  a  lien  for  (describe  the  nature  of  the  lien),  and  that  it  would  be  for 
the  benefit  of  the  said  estate  that  said  property  should  be  sold,  subject  to 
said  mortgage,  lien,  or  other  incumbrance. 

Wherefore  he  prays  that  he  may  be  authorized  to  make  sale  of  said 
property,  subject  to  the  incumbrance  thereon. 

Dated  this day  of ,  A.  D.  19  . . 

,  Trustee. 

The  foregoing  petition  having  been  duly  filed  and  having  come  on  for 
a  hearing  before  me,  of  which  hearing  ten  days'  notice  was  given  by 
mail  to  creditors  of  said  bankrupt,  now,  after  due  hearing,  no  adverse 

interest  being  represented  thereat  (or  after  hearing in 

favor  of  said  petition  and in  opposition  thereto),  it  is 

ordered  that  the  said  trustee  be  authorized  to  sell  the  portion  of  the 
bankrupt's  estate  specified  in  the  foregoing  petition,  by  auction  (or  at 
private  sale),  keeping  an  accurate  account  of  the  property  sold  and  the 
price  received  therefor  and  to  whom  sold;  which  said  account  he  shall 
file  at  once  with  the  referee. 

Witness  my  hand  this  ....  day  of ,  A.  D.  19  . . 


Referee  in  Bankruptcy. 


No.  794. 

PETITION  AND  ORDER  FOR  PRIVATE  SALE. 
(Form  No.  45.) 

In  the  District  Court  of  the  United  States  for  the District  of 

Texas.    In  the  Matter  of .,  Bankrupt.     In  Bankruptcy. 

Respectfully  represents ,  duly  appointed  trustee  of  the 

estate  of  the  aforesaid  bankrupt. 

That  for  the  following  reasons,  to  wit,  ,  it  is  desirable  and 

for  the  best  interest  of  the  estate  to  sell  at  private  sale  a  certain  por- 
tion of  the  said  estate,  to  wit 

Wherefore  he  prays  that  he  may  be  authorized  to  sell  the  said  prop- 
erty at  private  sale. 

Dated  this  ....  day  of ,  A.  D.  19  .  . 

,  Trustee. 

The  foregoing  petition  having  been  duly  filed  and  having  come  on  for 
a  hearing  before  me,  of  which  hearing  ten  days'  notice  was  given  by 
mail  to  creditors  of  said  bankrupt,  now,  after  due  hearing,  no  adverse 

interest  being   represented   thereat    (or   after  hearing ..in 

favor  of  said  petition  and in  opposition  thereto),  it  is 

ordered  that  the  said  trustee  be  authorized  to  sell  the  portion  of  the 
bankrupt's  estate  specified  in  the  foregoing  petition,  at  private  sale, 


718  TEXAS  CIVIL  FORM  BOOK. 

keeping  an  accurate  account  of  each  article  sold  and  the  price  received 
therefor  and  to  whom  sold ;  which  said  account  he  shall  file  at  once  with 
the  referee. 

Witness  my  hand  this  ....  day  of ,  A.  D.  19  . . 


Eeferee  in  Bankruptcy. 


No.  795. 

PETITION  AND  ORDER  FOR  SALE   OF  PERISHABLE  PROPERTY. 

(Form  No.  46.) 

In  the  District  Court  of  the  United  States  for  the , . .  District  of 

Texas.     In  the  Matter  of ,  Bankrupt.     In  Bankruptcy. 

Eespectfully  represents ,  the  said  bankrupt  (or  a  creditor, 

or  the  receiver,  or  the  trustee  of  the  said  bankrupt  estate). 

That  a  part  of  the  said  estate,  to  wit, ,  now  in ,  is 

perishable,  and  that  there  will  be  loss  if  the  same  is  not  sold  imme- 
diately as  aforesaid. 

Wherefore  he  prays  the  court  to  order  that  the  same  be  sold  imme- 
diately as  aforesaid. 

Dated  this day  of ,  A.  D.  19  . . 


The  foregoing  petition  having  been  duly  filed  and  having  come  on 
for  a  hearing  before  me,  of  which  hearing  ten  days'  notice  was  given 
by  mail  to  the  creditors  of  said  bankrupt  (or  without  notice  to  the 
creditors),  now,  after  due  hearing,  no  adverse  interest  being  repre- 
sented thereat  (or  after  hearing in  favor  of  said  petition 

and in  opposition  thereto),  I  find  that  the  facts  are  as 

above  stated,  and  that  the  same  is  required  in  the  interest  of  the  estate, 
and  it  is  therefore  ordered  that  the  same  be  sold  forthwith  and  the  pro- 
ceeds thereof  deposited  in  court. 

Witness  my  hand  this day  of ,  A.  D.  19 . . 


Keferee  in  Bankruptcy. 


TEXAS  CIVIL  FORM  BOOK. 


"19 


No.  796. 

TRUSTEE'S    REPORT    OF   EXEMPTED    PROPERTY. 

(Form  No.  47.) 

In  the  District  Court  of  the  United  States  for  the District  of 

Texas.     In  the  Matter  of ,  Bankrupt.    In  Bankruptcy. 

At ,  on  the day  of ,  A.  D.  19 .. 

The  following  is  a  schedule  of  property  designated  and  set  apart  to  be 
retained  by  the  bankrupt  aforesaid,  as  his  own  property,  under  the  pro- 
visions of  the  acts  of  Congress  relating  to  bankruptcy. 

General  Head  Particular  Description  Value 

Dolls.      Cta. 

Military  uniform,  arms,  and  equip- 
ments   

Property  exempted  by  State  laws. . 

,  Trustee. 

•  •  • 

No.  797. 

TRUSTEE'S  RETURN  OF  NO  ASSETS. 
(Form  No.  48.) 

In  the  District  Court  of  the  United  States  for  the District  of 

Texas.    In  the  Matter  of ,  Bankrupt.     In  Bankruptcy. 

At ,  in  said  district,  on  the day  of ,  A.  D.  19. . 

On  the  day  aforesaid,  before  me  comes ,  of ,  in 

the  county  of and  State  of  Texas,  and  makes  oath  and  says  that 

he,  as  trustee  of  the  estate  and  effects  of  the  above  named  bankrupt, 
neither  received  nor  paid  any  moneys  on  account  of  the  estate. 

,  Trustee. 

Subscribed  and  sworn  to  before  me,  at ,  this day  of 

,  A.  D.  19  . . 

Referee  in  Bankruptcy. 


720 


The  estate  of 
trustee. 


TEXAS  CIVIL  FORM  BOOK. 


No.  798. 

ACCOUNT  OF  TRUSTEE. 

(Form  No.  49.) 

,  bankrupt,  in  account  with. 


$ 

c. 

$ 

c. 

$ 

c. 

* 

c. 

' 

No.  799. 

OATH  TO  FINAL  ACCOUNT  OF  TRUSTEE. 
(Form  No.  50.) 

In  the  District  Court  of  the  United  States  for  the District  of 

Texas.    In  the  Matter  of ,  Bankrupt.    In  Bankruptcy. 

On  this  ....  day  of ,  A.  D.  19  . .,  before  me  comes 

of ,  in  the  county  of and  State  of  Texas,  and  makes 

oath  and  says  that  he  was,  on  the  ....  day  of ,  A.  D.  19. .,  ap- 
pointed trustee  of  the  estate  and  effects  of  the  above  named  bankrupt, 
and  that  as  such  trustee  he  has  conducted  the  settlement  of  the  said 

estate.    That  the  account  hereto  annexed  containing sheets  of 

paper,  the  first  sheet  whereof  is  marked  with  the  letter (reference 

may  here  also  be  made  to  any  prior  account  filed  by  said  trustee),  is  true, 
and  such  account  contains  entries  of  every  sum  of  money  received  by 
said  trustee  on  account  of  the  estate  and  effects  of  the  above  named 
bankrupt,  and  that  the  payments  purporting  in  such  account  to  have 
been  made  by  said  trustee  have  been  so  made  by  him.  And  he  asks  to 
be  allowed  for  said  payments  and  for  commissions  and  expenses  as 
charged  in  said  accounts. 

,  Trustee. 

Subscribed  and  sworn  to  before  me,  at ,  in  said 

District  of  Texas,  this  ....  day  of ,  A.  D.  19. . 


(Official  character.) 


TEXAS  CIVIL  FORM  BOOK.  721 

No.  800. 

ORDER  ALLOWING  ACCOUNT  AND  DISCHARGING  TRUSTEE. 

(Form  No.  61.) 

In  the  District  Court  of  the  United  States  for  the District  of 

Texas.    In  the  Matter  of ^Bankrupt.    In  Bankruptcy. 

The  foregoing  account  having  been  presented  for  allowance,  and 
having  been  examined  and  found  correct,  it  is  ordered  that  the  same  be 
allowed,  and  that  the  said  trustee  be  discharged  of  his  trust. 


Referee  in  Bankruptcy. 


No.  801. 

PETITION  FOR  REMOVAL  OF  TRUSTEE. 
(Form  No.  52.) 

In  the  District  Court  of  the  United  States  for  the District  of 

Texas.     In  the  Matter  of ,  Bankrupt.     In  Bankruptcy. 

To  the  Honorable ,  Judge  of  the  District  Court  of  the 

District  of  Texas : 

The  petition  of ,  one  of  the  creditors  of  said  bankrupt, 

respectfully  represents  that  it  is  for  the  interest  of  the  estate  of  said 
bankrupt  that ,  heretofore  appointed  trustee  of  said  bank- 
rupt's estate,  should  be  removed  from  his  trust,  for  the  causes  following, 

to  wit (here  set  forth  the  particular  cause  or  causes  for  which 

such  removal  is  requested). 

Wherefore prays  that  notice  may  be  served  upon  said 

,  trustee  as  aforesaid,  to  show  cause  at  such  time  as  may 

be  fixed  by  the  court,  why  an  order  should  not  be  made  removing  him 
from  said  trust. 


No.  802. 

NOTICE  OF  PETITION  FOR  REMOVAL  OF  TRUSTEE. 

(Form  No.  53.) 

In  the  District  Court  of  the  United  States  for  the District  of 

Texas.     In  the  Matter  of ,  Bankrupt.     In  Bankruptcy. 

At ,  on  the day  of ,  A.  D.  19. . 

To ,  Trustee  of  the  Estate  of ,  Bankrupt: 

You  are  hereby  notified  to  appear  before  this  court  at ,  on 

the day  of ,  A.  D.  19 . .,  at o'clock  . .  m.,  to  show  cause 

(if  any  you  have)  why  you  should  not  be  removed  from  your  trust  as 

FORM  BOOK  —  46. 


722  TEXAS  CIVIL  FORM  BOOK. 

trustee  as  aforesaid,  according  to  the  prayer  of  the  petition  of , 

one  of  the  creditors  of  said  bankrupt,  filed  in  this  court  on  the  ....  day 

of ,  A.  D.  19  . .,  in  which  it  is  alleged (here  insert  the 

allegation  of  the  petition). 

,  Clerk. 


No.  803. 

ORDER  FOR  REMOVAL  OF  TRUSTEE. 

(Form  No.  54.) 

In  the  District  Court  of  the  United  States  for  the District  of 

Texas.     In  the  Matter  of ,  Bankrupt.     In  Bankruptcy. 

Whereas ,  of ,  did,  on  the  ....  day  of , 

A.  D.  19..,  present  his  petition  to  this  court,  praying  that  for  the 

reasons  therein  set  forth, ,  the  trustee  of  the  estate  of  said 

,  bankrupt,  might  be  removed : 

Now  therefore  upon  reading  the  said  petition  of  the  said 

and  the  evidence  submitted  therewith,  and  upon  hearing  counsel  on 
behalf  of  said  petitioner  and  counsel  for  the  trustee,  and  upon  the  evi- 
dence submitted  on  behalf  of  said  trustee: 

It  is  ordered  that  the  said be  removed  from  the  trust  as 

trustee  of  the  estate  of  said  bankrupt,  and  that  the  costs  of  the  said 

petitioner  incidental  to   said  petition  be  paid  by   said , 

trustee  (or  out  of  the  estate  of  the  said ,  subject  to  prior 

charges). 

Witness  the  Honorable ,  judge  of  the  said  court,  and  the 

seal  thereof,  at ,  in  said  district,  on  the  ....  day  of , 

A.  D.  19.. 

(Seal  of  the  Court.)  . .' ,  Clerk. 


No.  804. 

ORDER  FOR  CHOICE  OF  NEW  TRUSTEE. 
(Form  No.  55.) 

In  the  District  Court  of  the  United  States  for  the District  of 

Texas.    In  the  Matter  of ,  Bankrupt.    In  Bankruptcy. 

At ,  on  the day  of ,  A.  D.  19. . 

Whereas  by  reason  of  the  removal  (or  the  death  or  resignation)  of 
,  heretofore  appointed  trustee  of  the  estate  of  said  bank- 
rupt, a  vacancy  exists  in  the  office  of  said  trustee: 

It  is  ordered  that  a  meeting  of  the  creditors  of  said  bankrupt  be 


TEXAS  CIVIL  FORM  BOOK.  723 

held  at ,  in   ,  in  said  district,  on  the day  of 

,  A.  D.  19.  .,  for  the  choice  of  a  new  trustee  of  said  estate. 

And  it  is  further  ordered  that  notice  be  given  to  said  creditors  of  the 
time,  place,  and  purpose  of  said  meeting,  by  letter  to  each,  to  be  de- 
posited in  the  mail  at  least  ten  days  before  that  day. 

Referee  in  Bankruptcy. 


No.  805. 

CERTIFICATE  BY   REFEREE  TO  JUDGE. 
(Form  No.  56.) 

In  the  District  Court  of  the  United  States  for  the District  of 

Texas.     In  the  Matter  of ,  Bankrupt.     In  Bankruptcy. 

I, ,  one  of  the  referees  of  said  court  in  bankruptcy,  do 

hereby  certify  that  in  the  course  of  the  proceedings  in  said  cause  before 
me  the  following  question  arose  pertinent  to  the  said  proceedings: 

(here  state  the  question,  a  summary  of  the  evidence  relating 

thereto,  and  the  finding  and  order  of  the  referee  thereon). 

And  the  said  question  is  certified  to  the  judge  for  his  opinion  thereon. 

Dated  at ,  the day  of ,  A.  D.  19. . 


Referee  in  Bankruptcy. 


No.  808. 

BANKRUPT'S  PETITION  FOR  DISCHARGE. 

(Form  No.  57.) 

In  the  Matter  of  ............  ,  Bankrupt.     In  Bankruptcy. 

To  the  Honorable  ............  ,  Judge  of  the  District  Court  of  the 

United  States  for  the  ........  District  of  Texas: 

............  ,  of  ........  ,  in  the  county  of  ........  and  State  of 

Texas,  in  said  district,  respectfully  represents  that  on  the  ...  day  of 
......  ,  A.  D.  19  .  .,  he  was  duly  adjudged  bankrupt  under  the  acts  of 

Congress  relating  to  bankruptcy;  that  he  has  duly  surrendered  all  his 
property  and  rights  of  property,  and  has  fully  complied  with  all  the 
requirements  of  said  acts  and  of  the  orders  of  the  court  touching  his 
bankruptcy. 

Wherefore  he  prays  that  he  may  be  decreed  by  the  court  to  have  a  full 
discharge  from  all  debts  provable  against  his  estate  under  said  bankrupt 
acts  except  such  debts  as  are  excepted  by  law  from  such  discharge. 

Dated  this  ....  day  of  ......  ,  A.  D.  19.  . 

................  ,  Bankrupt. 

Subscribed  and  sworn  to  before  me,  this  ....  day  of  ......  ,  A.  D. 

19..  ................ 


724  TEXAS  CIVIL  FORM  BOOK. 

No.  807. 

ORDER  OF  NOTICE  THEREON. 

(Form  No.  57%.) 
District  of ,  ss. : 

On  this  ....  day  of ,  A.  D.  19.  .,  on  reading  the  foregoing 

petition,  it  is  — 

Ordered  by  the  court,  that  a  hearing  be  had  upon  the  same  on  the 

....  day  of ,  A.  D.  19 . .,  before  said  court,  at ,  in  said 

district,  at  ....  o'clock  in  the noon;  and  that  notice  thereof  be 

published  in ,  a  newspaper  printed  in  said  district,  and  that  all 

known  creditors  and  other  persons  in  interest  may  appear  at  the  same 
time  and  place  and  show  cause,  if  any  they  have,  why  the  prayer  of  the 
said  petitioner  should  not  be  granted. 

And  it  is  further  ordered  by  the  court  that  the  clerk  shall  send  by 
mail  to  all  known  creditors  copies  of  said  petition  and  this  order,  ad- 
dressed, to  them  at  their  places  of  residence  as  stated. 

"Witness  the  Honorable ,  judge  of  said  court,  and  the 

seal  thereof,  at ,  in  said  district,  on  the  .  . .  .day  of , 

A.  D.  19.. 

(Seal  of  the  Court.)  ,  Clerk. 

hereby  depose,  on  oath,  that  the  foregoing  order  was  pub- 
lished in  the on  the  following days,  viz : 

On  the day  of ,  and  on  the  ....  day  of ,  in  the 

year  19 . . 

,  ,19.. 

District  of  Texas: 

Personally  appeared ,  and  made  oath  that  the  foregoing 

statement  by  him  subscribed  is  true. 

Before  me: 


(Official  character.) 

I  hereby  certify  that  I  have  on  this  ....  day  of ,  A.  D.  19  . ., 

sent  by  mail  copies  of  the  above  order,  as  therein  directed. 

,  Clerk. 


TEXAS  CIVIL  FORM  BOOK.  725 

No.  808. 

SPECIFICATIONS    OF    GROUNDS    OF    OPPOSITION    TO    BANKRUPT'S 

DISCHARGE. 

(Form  No.  58.) 

In  the  District  Court  of  the  United  States  for  the District  of 

Texas.    In  the  Matter  of ,  Bankrupt.    In  Bankruptcy 

,  of ,  in  the  county  of and  State  of 

Texas,  a  party  interested  in  the  estate  of  said  ,  bankrupt, 

do  hereby  oppose  the  granting  to  him  of  a  discharge  from  his  debts, 
and  for  the  grounds  of  such  opposition  do  file  the  following  specifica- 
tions   (here  specify  the  grounds  of  opposition). 

,  Creditor. 


No.  809. 

DISCHARGE  OF   BANKRUPT. 

(Form  No.  59.) 

District  Court  of  the  United  States,  District  of  Texas.     In 

Bankruptcy. 

Whereas, ,  of ,  in  said  district,  has  been  duly 

adjudged  a  bankrupt,  under  the  acts  of  Congress  relating  to  bankruptcy, 
and  appears  to  have  conformed  to  all  the  requirements  of  law  in  that 

behalf,  it  is  therefore  ordered  by  this  court  that  said be 

discharged  from  all  debts  and  claims  which  are  made  provable  by  said 

acts  against  his  estate,  and  which  existed  on  the day  of , 

A.  D.  19. .,  on  which  day  the  petition  for  adjudication  was  filed 

him;  excepting  such  debts  as  are  by  law  excepted  from  the  operation 
of  a  discharge  in  bankruptcy. 

Witness  the  Honorable ,  judge  of  said  district  court, 

and  the  seal  thereof,  this day  of ,  A.  D.  19. 

(Seal  of  the  Court.)  ,  Clerk. 


726  TEXAS  CIVIL  FORM  BOOK. 

No.  810. 

PETITION  FOR  MEETING   TO   CONSIDER  COMPOSITION. 

(Form  No.  60.) 

District  Court  of  the  United  States  for  the District  of  Texas. 

,  Bankrupt.     In  Bankruptcy. 

To  the  Honorable ,  Judge  of  the  District  Court  of  the 

United  States  for  the District  of  Texas : 

The  above  named  bankrupt  respectfully  represents  that  a  composition 

of per  cent  upon  all  unsecured  debts,  not  entitled  to  a  priority 

in  satisfaction  of  debts  has  been  proposed  by 

to creditors,   as  provided   by  the   acts   of   Congress 

relating  to  bankruptcy,  and  ....  verily  believes  that  the  said  composi- 

4tion  will  be  accepted  by  a  majority  in  number  and  in  value  of 

creditors  whose  claims  are  allowed. 

Wherefore  he  prays  that  a  meeting  of creditors  may  be  duly 

called  to  act  upon  said  proposal  for  a  composition,  according  to  the 
provisions  of  said  acts  and  the  rules  of  court. 

,  Bankrupt. 


No.  811. 

APPLICATION  FOR   CONFIRMATION   OF  COMPOSITION. 

(Form  No.  61.) 

In  the  District  Court  of  the  United  States  for  the District  of 

Texas.    In  the  Matter  of .  . .  .,  Bankrupt.    In  Bankruptcy. 

To  the  Honorable ,  Judge  of  the  District  Court  of  the 

United  States  for  the District  of  Texas : 

At ,  in  said  district,  on  the  ....  day  of ,  A.  D.  19  .  . 

Xow  comes ,  the  above  named  bankrupt,  and  respectfully 

represents  to  the  court  that,  after  he  had  been  examined  in  open  court 
(or  at  a  meeting  of  his  creditors)  and  had  filed  in  court  a  schedule  of 
his  property  and  a  list  of  his  creditors,  as  required  by  law,  he  offered 
terms  of  composition  to  his  creditors,  which  terms  have  been  accepted 
in  writing  by  a  majority  in  number  of  all  creditors  whose  claims  have 
been  allowed,  which  number  represents  a  majority  in  amount  of  such 
claims;  that  the  consideration  to  be  paid  by  the  bankrupt  to  his 
creditors,  the  money  necessary  to  pay  all  debts  which  have  priority,  and 
the  costs  of  the  proceedings,  amounting  in  all  to  the  sum  of dol- 
lars, has  been  deposited,  subject  to  the  order  of  the  judge,  in  the 

National  Bank,  of ,  a  designated  depository  of  money 

in  bankruptcy  cases. 

Wherefore  the  said respectfully  asks  that  the  said  com- 
position may  be  confirmed  by  the  court. 

,  Bankrupt. 


TEXAS  CIVIL  FORM  BOOK.  727 

No  812. 

ORDER  CONFIRMING  COMPOSITION. 

(Form  No.  62.) 

In  the  District  Court  of  the  United  States  for  the District  of 

Texas.    In  the  Matter  of ,  Bankrupt.    In  Bankruptcy. 

An  application  for  the  confirmation  of  the  composition  offered  by  the 
bankrupt  having  been  filed  in  court,  and  it  appearing  that  the  composi- 
tion has  been  accepted. by  a  majority  in  number  of  creditors  whose 
claims  have  been  allowed  and  of  such  allowed  claims ;  and  the  considera- 
tion and  the  money,  required  by  law  to  be  deposited  having  been  de- 
posited as  ordered,  in  such  place  as  was  designated  by  the  judge  of  said 
court,  and  subject  to  his  order ;  and  it  also  appearing  that  it  is'  for  the 
best  interest  of  the  creditors ;  and  that  the  bankrupt  has  not  been  guilty 
of  any  of  the  acts  or  failed  to  perform  any  of  the  duties  which  would 
be  a  bar  to  his  discharge,  and  that  the  offer  and  its  acceptance  are  in 
good  faith  and  have  not  been  made  or  procured  by  any  means,  promises, 
or  acts  contrary  to  the  acts  of  Congress  relating  to  bankruptcy:  It  is 
therefore  hereby  ordered  that  the  said  composition  be,  and  it  hereby  is, 
confirmed. 

Witness  the  Honorable ,  judge  of  said  court,  and  the 

seal  thereof,  this  ....  day  of ,  A.  D.  19  .  . 

(Seal  of  the  Court.)  ,  Clerk. 


No.  813. 

ORDER  OF  DISTRIBUTION  ON  COMPOSITION. 

(Form  No.  63.) 

United  States  of  America.     In  the  District  Court  of  the  United  States 

for  the District  of  Texas.    In  the  Matter  of 

Bankrupt.     In  Bankruptcy. 

The  composition  offered  by  the  above  named  bankrupt  in  this  case 
having  been  duly  confirmed  by  the  judge  of  said  court,  it  is  hereby 
ordered  and  decreed  that  the  distribution  of  the  deposit  shall  be  made 
by  the  clerk  of  the  court  as  follows,  to  wit:  First,  to  pay  the  several 
claims  which  have  priority;  second,  to  pay  the  costs  of  proceedings; 
third,  to  pay,  according  to  the  terms  of  the  composition,  the  several 
claims  of  general  creditors  which  have  been  allowed,  and  appear  upon 
a  list  of  allowed  claims,  on  the  files  in  this  case,  which  list  is  made  a 
part  of  this  order. 

Witness  the  Honorable ,  judge  of  said  court,  and  the 

seal  thereof,  this  ....  day  of ,  A.  D.  19  . . 

(Seal  of  the  Court.)  ,  Clerk. 


APPENDIX. 


RULES  FOR  THE  COURTS  OF  TEXAS. 


Adopted  by  Order  of  the  Supreme  Court,  October  8,  1892,  as  Amended 
by  Order  of  the  Supreme  Court,  June  29,  1895;  November  8, 
1897;  December  22,  1898;  February  7,  1901;  De- 
cember 23,  1901,  and  March  20,  1902. 
Now  In  force,  Nov.  1,  1903. 


RULES  FOR  THE  SUPREME  COURT. 

1.  Applications  for  writs  of  error  shall  consist  of  a  petition  addressed 
to  this  court,  embracing  specific  assignments  of  error  confined  to  the 
points  of  law  presented  in  the  motion  for  rehearing  in  the  Court  of  Civil 
Appeals;  of  the  original  papers  containing  the  conclusions  of  law  and 
fact  of  the  latter  court  (including  their  statement  of  the  case  and  opin- 
ion) and  of  the  original  motion  for  a  rehearing,  all  of  which  original 
papers,  as  well  as  the  transcript  of  the  proceedings  in  the  trial  court, 
and  a  transcript  of  the  orders  and  judgment  of  the  Court  of  Civil 
Appeals,  and  the  briefs  filed  therein,  shall  accompany  the  petition.  A 
motion  for  a  rehearing  must  be  made  in  the  Court  of  Civil  Appeals  and 
overruled  before  applying  for  the  writ  of  error.  The  petition  for  the 
writ  shall  be  as  brief  as  practicable,  and  need  only  contain  the  requisites 
prescribed  by  the  statute.  The  statement  of  the  case  by  the  Court  of 
Civil  Appeals,  their  conclusions  of  fact  and  law,  and  their  opinion  will 
be  deemed  a  part  of  the  petition  without  being  referred  to  therein,  and 
if  it  appear  therefrom  that  the  case  belongs  to  the  class  over  which  as  a 
general  rule  the  jurisdiction  of  the  Court  of  Civil  Appeals  is  not  made 
final  by  the  statute,  and  that  the  judgment  has  been  affirmed,  the  facta 
to  show  jurisdiction  in  this  court  need  not  be  alleged,  but  if  it  appear 
therefrom  that  the  case  belongs  to  either  of  the  classes  over  which  as  a 
general  rule  the  courts  of  civil  appeals  have  final  jurisdiction,  or  that 
the  judgment  has  been  reversed  with  an  order  remanding  the  case,  then 
the  petition  must  contain  averments  showing  that  the  case  comes  within 
some  one  of  the  exceptions  contained  in  the  statutes,  so  as  to  make  the 
jurisdiction  of  this  court  apparent.  The  opinion,  together  with  state- 
ment of  the  case  and  the  conclusions  of  the  Court  of  Civil  Appeals  will 
be  read  by  the  court  in  connection  with  the  application,  so  that  no 
matter  will  be  stated  in  the  petition  which  appears  in  such  statements, 
conclusions  and  opinion.  If  in  the  opinion  of  counsel  the  statement  of 
the  case  as  made  by  the  Court  of  Civil  Appeals  is  sufficiently  full  and 
accurate  to  present  properly  the  questions  to  be  determined  by  the 


732  TEXAS  CIVIL  FORM  BOOK. 

court,  no  additional  statement  should  be  made  under  any  assignment ; 
but  if  not,  then  under  each  assignment  counsel  will  make  a  statement, 
pointing  out  the  alleged  omissions,  inaccuracies  or  errors  in  the  court's 
statement  and  conclusions  of  fact  so  far  as  may  be  deemed  necessary  to 
properly  present  the  question  raised  by  such  assignment,  and  will  sup- 
port it  by  reference  to  the  transcript  of  the  proceedings  in  the  trial 
court.  The  reference  shall  cite  the  particular  part  or  parts  of  the 
transcript  relied  upon,  noting  the  page  and  line,  both  of  the  beginning 
and  of  the  ending  of  the  matters  referred  to.  Each  assignment  and 
statement,  if  there  be  any,  may  be  followed  by  such  argument  and 
citation  of  authority  as  counsel  see  proper  to  present. 

2.  The  clerk  of  this  court  shall  receive  all  applications  for  writs  of 
error,  and  file  the  petition  and  accompanying  transcript  from  the  Court 
of  Civil  Appeals,  and  enter  the  case  upon  the  docket  kept  for  that  pur- 
pose, known  as  the  application  docket.     But  he  shall  not  be  required 
to  take  the  same  from  the  postoffice  or  an  express  office  unless  the  post- 
age or  express  charges,  as  the  case  may  be,  shall  have  been  fully  paid. 
The  cases  shall  be  numbered  consecutively  on  the  application  docket 
and  the  number  shall  be  placed  upon  the  application. 

3.  The   application,   when   filed   in   accordance   with   law,    shall   be 
deemed  submitted  to  the  court  and  ready  for  disposition,  unless  the 
applicant  shall  file  with  his  petition  a  request  for  time  in  which  to 
present  a  brief  or  written  argument,  in  which  case  a  period  of  time  not 
exceeding  ten  days  may  be  allowed  him  for  that  purpose.     The  applicant, 
should  he  so  select,  may  cite  his  authorities  in  his  petition  or  may  file 
a  separate  brief  or  argument. 

4.  Upon  refusal  by  this  court  of  an  application  for  a  writ  of  error, 
the  clerk  shall  retain  the  application,  together  with  the  transcript  and 
accompanying  papers,  for  fifteen  days  from  the  day  of  the  rendition 
of  the  judgment  refusing  the  writ.     At  the  end  of  which  time,  if  no 
motion  for  a  rehearing  has  been  filed,  or  upon  the  overruling  or  the 
dismissal  of  such  motion  in  case  one  has  been  filed,  he  shall  transmit 
to  the  clerk  of  the  Court  of  Civil  Appeals  to  which  the  writ  of  error 
was  sought  to  be  sued  out  a  certified  copy  of  the  orders  of  this  court 
denying  such  application,  and  overruling  the  motion  for  rehearing,  in 
case  such  motion  has  been  filed;  and  shall  return  the  file  papers  of  that 
court  to  the  clerk  thereof,  but  shall  not  return  the  petition  for  the  writ 
of  error.    A  motion  for  a  rehearing  of  an  application  is  not  a  matter 
of  right.     But  in  case  one  in  which  some  new  argument  is  urged  upon 
one  or  more  points  in  the  application,  or  some  new  authority  is  cited, 
is  filed  during  the  term  in  which  the  judgment  refusing  the  application 
is  rendered,  it  may  be  considered;  provided  it  be  confined  to  the  new 
matter  presented.    Motions  for  rehearing  of  applications  filed  after  the 
adjournment  for  the  term  cannot  be  considered.     The  presentation  of 
any  point  previously  presented  in  the  application,  without  urging  some 
new  argument  or  citing  some  new  authority,  will  be  deemed  a  sufficient 
ground  for  dismissing  the  motion. 


TEXAS  CIVIL  FORM  BOOK.  733 

5.  If  the  application  be  granted,  the  clerk  shall  issue  a  writ  of  error 
to  the  judges  of  the  court,  the  judgment  of  which  is  sought  to  be  re- 
vised, advising  them  that  the  writ  of  error  has  been  granted,  and  the 
clerk  shall  also  issue  a  citation  to  the  defendant  or  defendants  in  error, 
or  to  his  or  their  attorneys  of  record,  notifying  him  or  them  that  the 
writ  of  error  has  been  granted  and  of  the  date  thereof,  and  to  appear 
and  defend  the  same.     Said  citation  shall  be  returnable  in  ten  days,  and 
in  the  event  it  be  not  served,  the  clerk  shall  issue  other  successive  cita- 
tions until  due  service  is  had.     Service  of  the  citation  upon  one  attorney 
will  be  deemed  service  upon  all  parties  represented  by  him.     If  no  bond 
be  required  the  citation  and  writ  of  error  shall  issue  immediately  upon 
the  granting  of  the  application.     If  a  bond  be  required  the  writ  shall 
issue  upon  receipt  of  the  duly  certified  copy  of  the  bond  prescribed  by  the 
statute.     Unless  further  time  be  allowed  by  special  order  of  the  court 
in  the  particular  case  the  certified  copy  must  be  filed  in  this  court  within 
ten  days  from  the  granting  of  the  application.     If  the  copy  be  not  so 
filed,  the  application  will  be  dismissed  by  the  court  of  its  own  motion. 

5a.  AVhenever  in  any  case  in  which  a  writ  of  error  has  been  granted 
or  in  which  such  writ  may  hereafter  be  allowed,  it  shall  be  made  to 
appear  to  the  clerk  of  this  court  by  the  affidavit  of  a  plaintiff  in  error, 
his  agent  or  attorney,  that  the  defendant  in  error  has  no  attorney  of 
record  and  either  that  he  is  beyond  the  limits  of  the  State  or  that  his 
residence  is  unknown,  so  that  it  is  impracticable  to  serve  citation  upon 
him  in  the  ordinary  method  provided  by  law,  it  shall  be  the  duty  of  the 
clerk  of  this  court,  upon  the  plaintiff  in  error  making  provision  for  the 
payment  of  the  expense  thereof,  to  cause  notice  of  the  granting  of  the 
writ  to  be  published  once  each  week  for  four  successive  weeks  in  some 
newspaper  published  in  the  county  in  which  the  case  was  tried,  or  a 
notice  of  the  granting  of  the  writ  may  be  issued  by  the  clerk  of  this 
court  and  may  be  served  upon  the  defendant  in  error  and  returned  in 
the  manner  provided  in  articles  1230,  1232  and  1233  of  the  Revised 
Statutes,  except  no  copy  of  the  petition  for  the  writ  of  error  need  be 
served.  Notice  given  in  either  of  the  two  modes  herein  provided  shall 
have  the  same  effect  as  service  of  citation,  as  provided  in  rule  (> ;  and  the 
publication  or  service  of  notice  may  be  proved  by  the  affidavit  of  any 
person,  deposited  with  the  clerk  and  filed  among  the  papers  in  the  cause. 

6.  When  service  of  the  citation  in  error  shall  have  been  had,  it  shall 
be  the  duty  of  the  clerk  to  put  the  case  upon  the  trial  docket  and  to 
mark  upon  the  file  the  number  of  the  case  as  shown  upon  such  docket. 
Cases  upon  the  trial  docket  shall  be  numbered  consecutively  in  the  order 
in  which  they  are  entered  thereon. 

7.  Causes  in   this  court   will   be   regularly  submitted   on   Thursday 
of  each  week,  though  a  case  may  be  set  down  for  submission  upon 
another  day  by  the  permission  or  direction  of  the  court. 

8.  A  case  shall  stand  for  submission  upon  the  first  regular  day  of  the 
submission  of  causes  coming  after  the  expiration  of  twenty  days  from 
the  dav  on  which  the  writ  of  error  shall  have  issued ;  provided,  the  cita- 


734  TEXAS  CIVIL  FORM  BOOK. 

tion  in  error  shall  have  been  served  ten  days  before  such  submission  day. 
If  not  so  served  then  the  case  shall  be  subject  to  submission  on  the  first 
regular  submission  day  which  falls  ten  days  after  service  of  the  citation. 

9.  Motions  in  a  case  not  submitted  will  be  heard  on  the  day  next 
preceding  the  submission  day  for  such  case  and  the  adverse  party  will 
be  required  to  take  notice  of  all  motions  filed  in  the  cause  on  or  before 
the  Tuesday  immediately  preceding  such  submission  day.     Notice  shall 
be  given  of  all  motions  filed  after  that  time. 

10.  The  clerk  shall  keep  a  motion  docket  upon  which  shall  be  entered 
every  motion  as  soon  as  filed.     The  motions  shall  be  numbered  con- 
secutively upon  the  docket  and  its  number  shall  be  placed  on  the  motion 
itself. 

11.  A  party  who  elects  to  file  in  this  court  a  brief  in  addition  to  the 
brief  filed  in  the  Court  of  Civil  Appeals,  shall  comply  as  near  as  may 
be  with  the  rules  prescribed  for  briefing  causes  in  the  latter  court,  and 
shall  confine  his  briefs  to  the  points  raised  in  the  motion  for  a  rehearing 
and  presented  in  the  application  for  a  writ  of  error. 

12.  When  any  court  of  civil  appeals  shall  certify  to  this  court  any 
question  for  determination,  or  shall  send  to  this  court  any  cause  upon  a 
certificate  of  dissent,  either  upon  its  own  motion  or  that  of  any  party, 
the  certificate,  in  either  case,  shall  be  accompanied  by  the  briefs  filed 
in  the  Court  of  Civil  Appeals;  and  the  clerk  of  this  court  shall,  upon 
the  receipt  of  the  briefs,  issue  notices  to  the  attorneys  whose  names 
appear  thereon  of  the  day  on  which  the  question  or  cause,  as  the  case 
may  be,  shall  be  set  down  for  submission. 

13.  The  rules  prescribed  for  the  Court  of  Civil  Appeals  as  to  the 
custody  of  transcripts,  the  argument  of  causes  and  as  to  the  notices  to 
attorneys  of  the  disposition  of  cases  shall  govern  in  this  court. 

CERTIFIED  QUESTIONS. 

14.  When    a    certified    question    from    a    court    of    civil    appeals    is 
presented  to  the  clerk  of  this  court,  he  will  file  and  docket  it  and  send 
it  at  once  to  the  consultation  room.    If  the  court  should  determine  that 
the  question  is  not  properly  certified  under  the  statute,  so  as  to  give 
jurisdiction  to  answer  it,  it  will  be  dismissed  without  a  hearing.     Other- 
wise, it  will  be  set  down  for  argument  on  a  day  to  be  fixed  by  the  court 
in  regular  session. 

MANDAMUS. 

15.  Parties  desiring  a  writ  of  mandamus  from  this  court  are  required 
to  cause  the  petition  therefor  to  be  presented  to  the  clerk  of  the  court, 
accompanied  with  a  motion  that  the  same  be  filed  and  set  down  for  a 
hearing,  and  also  accompanied  with  such  written  argument  in  behalf 
of  the  motion  as  may  be  desired.    The  motion  will  be  filed,  and,  together 
with  the  petition  and  argument,  if  any,  will  be  sent  at  once  to  the  con- 
sultation room  for  the  action  of  the  court.     If  the  court  should  be 


TEXAS  CIVIL  FORM  BOOK.  735 

clearly  of  opinion  that  upon  the  facts  stated  in  the  petition  the  writ 
should  not  be  awarded,  the  motion  will  be  denied  by  an  order  made  in 
open  court  and  entered  upon  the  minutes.  Should  the  court  not  be  of 
that  opinion,  an  order  will  be  passed  and  entered,  requiring  the  petition 
to  be  filed  and  fixing  a  day  for  the  hearing  of  the  cause.  The  relator 
shall  also  file  with  his  motion  a  bond  with  two  or  more  good  and  suffi- 
cient sureties,  to  be  approved  by  the  clerk  of  this  court,  in  the  sum  of 
$50 ;  or  in  case  he  be  unable  to  pay  the  costs,  or  give  security  therefor, 
an  affidavit  in  lieu  of  such  bond.  Such  bond  shall  be  conditioned,  or  in 
case  of  an  affidavit,  the  affidavit  shall  be  such  as  is  required  by  the 
statutes  for  cost  bonds  or  affidavit  in  lieu  thereof,  in  suite  in  the  district 
court. 

RULES  FOR  THE  COURTS  OF  CIVIL  APPEALS. 

TRANSCRIPTS. 

1.  The  clerks  of  the  courts  of  civil  appeals  shall  receive  the  tran- 
scripts delivered  and  sent  to  them,  and  receipt  for  the  same  if  required, 
but  they  shall  not  be  required  to  take  a  transcript  out  of  the  postoffice, 
or  an  express  office,  unless  the  postage  or  charges  thereon  be  fully  paid. 
Upon  receipt  of  the  transcript  it  shall  be  the  duty  of  the  clerk  to 
examine  it  in  order  to  ascertain  whether  or  not,  in  case  of  an  appeal, 
notice  of  appeal  and  a  proper  appeal  bond  or  affidavit  in  lieu  thereof 
(where  bond  is  required)   have  been  given;  and  in  case  of  a  writ  of 
error,  whether  or  not  the  citation  in  error  appears  to  have  been  duly 
served,  and  error  bond  or  affidavit  in  lieu  thereof  (where  such  bond  is 
required)  appears  to  have  been  filed.     If  it  seem  to  him  that  the  appeal 
or  writ  of  error  has  not  been  duly  perfected  he  shall  note  on  the  tran- 
script the  day  of  its  reception  and  refer  the  matter  to  the  court.     If, 
upon  such  reference,  the  court  shall  be  of  opinion  that  the  transcript 
shows  that  the  appeal  or  writ  of  error  has  been  duly  perfected,  they 
shall  order  the  transcript  to  be  filed  as  of  the  date  of  its  reception.     If 
not,  they  shall  cause  notice  of  the  defect  to  issue  to  the  attorneys  of 
record  of  the  appellant  or  plaintiff  in  error,  as  the  case  may  be,  to  the 
end  that  they  may  take  steps  to  amend  the  record,  if  it  can  be  done, 
for  doing  which  a  reasonable  time  shall  be  allowed.     If  the  transcript 
do  not  show  the  jurisdiction  of  the  court  and  if  after  notice  it  be  not 
amended,  the  case  shall  be  dismissed. 

2.  The  clerk  shall  indorse  his  filing  upon  the  transcript,  of  the  date 
of  its  reception,  if  it  comes  to  his  hands  properly  indorsed,  showing  who 
applied  for  it,  and  to  whom  it  was  delivered,  if  presented  within  ninety 
days  from  the  time  the  appeal  or  writ  of  error  is  perfected.    But  if  it 
comes  to  his  hands  after  the  said  date,  or  not  so  properly  indorsed,  he 
shall,  without  filing  it,  make  a  memorandum  upon  it  of  the  date  of  its 
reception,  and  keep  it  in  his  office,  subject  to  the  order  of  the  person 
who  sent  it,  or  to  the  disposition  of  the  court.     Said  transcript  shall 
not  be  filed  until  a  satisfactory  showing  has  been  made  to  the  court  for 


736  TEXAS  CIVIL  FORM  BOOK. 

its  not  being  properly  indorsed,  or  for  not  being  received  by  the  clerk 
in  proper  time;  and  upon  this  being  done  it  may  be  ordered  by  the 
court  to  be  filed,  upon  such  terms  as  may  be  deemed  proper,  having 
respect  to  the  rights  of  the  opposite  party. 

3.  Either  party  may  file  the  transcript  for  which  he  has  applied  to 
the  district  clerk,  and  which  has  been  delivered  to  him;  both  of  which 
facts  must  appear  on  the  transcript  by  the  indorsement  of  the  district 
clerk.     If  the  indorsement  shows  that  it  was  applied  for  by  one  party 
and  delivered  to  the  other,  it  must  be  shown  by  the  indorsement  of  the 
clerk,  or  otherwise,  to  entitle  ft  to  be  properly  filed  as  the  transcript  of 
the  party  to  whom  it  was  delivered,  and  that  it  was  delivered  to  one  by 
the  consent  of  the  other,  as  each  party  has  the  sole  right  to  the  tran- 
script which  he  applied  for  to  be  made  out  for  him;  and  if  it  is  so  filed 
without  that  fact  being  shown,  the  court  may  strike  the  case  from  the 
docket  as  improperly  filed,  upon  its  own  inspection,  or  upon  motion  of 
the  party  to  whom  the  transcript  belonged. 

4.  If  both  parties  file  transcripts  within  the  proper  time  —  which 
they  may  do  —  and  that  of  the  appellant  or  plaintiff  in  error  is  properly 
made  and  indorsed,  it  shall  be  regarded  by  the  court  as  the  transcript 
of  the  record  in  the  case,  and  the  court  will  grant  the  appellee  or  de- 
fendant in  error  leave  to  withdraw  that  filed  by  him  for  his  own  use. 

5.  If  but  one  party  file  his  transcript  in  proper  time,  that  shall  be 
regarded  as  the  transcript  of  the  record  in  the  case. 

6.  From  the  time  when  the  transcript,  properly  made  out  and  in- 
dorsed, is  filed,  it  will  cease  to  belong  to  either  party,  but  will  become  a 
record  of  the  court,  subject  to  its  control  and  disposition. 

7.  Transcripts   in   appeal  from    judgments   in   proceedings   in   quo 
warranto  shall  be  filed  in  the  Court  of  Civil  Appeals  within  twenty  days 
after  appeal  is  perfected,  and  the  first  Tuesday  following  such  twentieth 
day  shall  be  the  day  for  filing  motions  in  such  cases. 

7a.  If  the  transcript  when  filed  in  the  Court  of  Civil  Appeals  shall 
not  be  indexed,  as  required  by  rule  92  of  the  rules  for  the  government 
of  the  district  courts,  the  Court  of  Civil  Appeals  may  cause  a  proper 
index  to  be  made  by  the  clerk  of  their  court,  and  shall  cause  the  costs 
of  the  same  to  be  taxed  against  the  plaintiff  in  error  or  appellant,  as  the 
case  may  be. 

MOTIONS. 

8.  All  motions  relating  to  informalities  in  the  manner  of  bringing 
a  case  into  court  shall  be  filed  and  entered  by  the  clerk  on  the  motion 
docket  at  least  forty-eight  hours  before  10  o'clock  a.  m.  of  the  day  on 
which  "  the  cause  is  set  for  a  hearing,"  under  section  23  of  the  act  en- 
titled "An  "act  to  organize  the  courts  of  civil  appeals,  to  define  their 
jurisdiction    and    powers,    and    to    prescribe    the    mode    of    procedure 
therein,"  approved  April   13,   1892;  otherwise  the  objection  shall  be 
considered  as  waived  if  it  can  be  waived  by  the  party;  such  filing  and 
docketing  will  be  sufficient  notice  of  the  motion. 


TEXAS  CIVIL  FORM  BOOK. 

• 

9.  Motions  to  dismiss  for  want  of  jurisdiction  to  try  the  case,  and 
for  such  defects  as  defeat  the  jurisdiction  in  the  particular  case,  and 
cannot  be  waived,  shall  also  be  made,  filed  and  docketed  at  said  time. 
which  filing  and  docketing  shall  be  notice  of  the  motion;  provided,  how- 
ever, if  made  afterward,  they  may  be  entertained  by  the  court,  after 
such  notice  to  the  opposite  party  as  the  court  may  deem  proper  to  have 
been  given  under  the  circumstances. 

10.  Motions,  made  either  to  sustain  or  defeat  the  jurisdiction  of  the 
court,  dependent  on  facts  not  apparent  in  the  record  and  not  ex  officio 
known  to  the  court,  must  be  supported  by  affidavits  or  other  satisfactory 
evidence. 

11.  Motions  for  certiorari  to  perfect  the  record  shall  also  be  made 
in  the  time  required   in    rule   s.     They  must  be  accompanied  with  a 
sworn  statement  showing  a  necessity  for  the  same,  unless  the  record 
shows  it,  the  filing  and  docketing  of  which  shall  be  notice  of  the  same. 
It  made  afterward,  they  will  be  entertained  only  upon  such  terms  and 
upon  such  notice  as  the  court  may  deem  proper.     Unless  reason  appear 
to  vary  the  rule,  the  party  applying,  in  all  cases,  will  be  taxed  with 
the  costs. 

12.  Motions  made  to  postpone  the  case  to  a  future  day,  or  to  con- 
tinue it  until  the  next  term,  unless  consented  to  by  the  opposite  party, 
shall  be  supported  by  sufficient  cause,  verified  by  affidavit,  unless  such 
sufficient  cause  is  apparent  to  the  court. 

13.  The  motion  docket  shall  be  called  on  the  day  of  each  week  next 
hefore  the  day  set  apart  for  the  submission  of  causes,  when  the  motions 
filed  and  docketed  according  to  the  preceding  rules  will  be  in  order  for 
submission  at  the  instance  of  cither  party  and  if  not  submitted  then, 
may  be  submitted  at  the  regular  call  of  the  trial  docket,  unless  'sooner 
called  up  and  disposed  of. 

14.  The  arguments  of  counsel  upon  all  motions  shall  be  confined  to 
a  brief  explanation  of  the  grounds  in  the  motion,  so  as  to  make  them 
intelligible  to  the  court,  with  a  reference  to  the  statutes  and  decisions 
relating  thereto,  unless  further  argument  is  requested  by  the  court. 

15.  The  clerk,  upon  filing  and  docketing  a  motion,  will  indorse  upon 
the  motion  its  number  and  the  number  of  the  case  to  which  it  belongs, 
which  shall  also  be  entered  in  the  motion  docket,  together  with  the 
attorney's  name  who  makes  the  motion.    Any  opposition  in  the  way  of 
answer  to  said  motion  by  the  opposite  party  may  be  filed,  and  in  like 
manner  indorsed  and  noted  in  the  motion  docket,  and  the  name  of  the 
attorney  therein  entered. 

THE   DOCKET. 

16.  The  clerk,  before  the  regular  call  of  the  trial  docket,  sha.ll  have 
the  file  number  indorsed  on  each  transcript.     Where  briefs  have  been 
filed  in  a  case,  the  name  of  the  attorney  or  attorneys  signed  to  the  brief 
shal  be  entered  by  the  clerk  on  the  trial  docket,  opposite  the  name  of 

Form  Book  —  47. 


738  TEXAS  CIVIL  FORM  BOOK. 

the  appropriate  party,  and  that  shall  indicate  to  the  court  who  appears 
for  such  party  in  the  cause. 

17.  The  clerk  shall  not  make  such  entry  of  an  attorney's  name  until 
he  shall  have  filed  his  briefs;  but  he  shall  permit  any  attorney  who 
desires  to  make  an  appearance  in  the  case  before  he  files  his  briefs,  or 
without  filing  them  at  all,  to  place  his  name,  in  his  own  handwriting, 
upon  the  trial  docket,  opposite  the  name  of  the  party  for  whom  he 
appears,  and  that  shall  be  regarded  by  the  court  as  having  whatever 
effect  is  given  to  the  mere  appearance  of  a  party  to  a  case  in  court 
without  brief  filed. 

18.  The  court  will  not  enter  upon  the  docket  the  names  of  attorneys 
in  a  case,  but  counsel  desiring  their  names  entered  shall  see  that  it  is 
done  under  the  foregoing  rule  before  the  case  is  called. 

19.  Counsel  desiring  to  call  the  attention  of  the  court  to  a  case  on 
the  motion  docket  or  trial  docket,  not  then  called  in  its  regular  order, 
must,  before  doing  so,  provide  himself  with  the  number  of  the  case  on 
the  docket. 

CALLING  THE  DOCKET. 

20.  The  trial  docket  will  be  called  in  regular  order,  according  to 
the  filing  of  the  cases  as  they  stand  thereon,  commencing  with  the  first 
of  those  that  have  not  been  previously  submitted,  but  the  court  shall 
not  be  required  to  take  the  submission  of  a  case  until  the  business  on 
hand  will  admit  of  a  prompt  disposition  after  the  submission  has  been 
taken. 

21.  Upon  the  call  of  the  trial  docket  for  the  submission  of  cases, 
either  party  may  submit  a  cause  if  it  appears  to  have  been  properly 
prepared  for  submission  on  his  part,  unless,  for  good  cause,  the  court 
shall  postpone  the  hearing  to  a  further  day,  or  by  agreement  of  counsel 
to  a  future  day  of  the  term,  which  will  not  be  done  so  as  to  interfere 
with  the  business  of  the  court.       This  rule  is  subject  to  exceptional 
cases  given  a  preference  to  under  some  law  or  rule  of  the  court,  and  to 
the  action  of  the  court  on  motions  for  the  postponement  and  continu- 
ance of  causes. 

PREPARING   A   CAUSE   FOR  SUBMISSION. 

22.  A  cause  will  be  properly  prepared  for  submission  only  when  a 
transcript  of  the  record  exhibits  a  cause  prepared  for  appeal  in  accord- 
ance with  the  rules  prescribed  for  the  government  of  the  district  and 
county  courts,  and  filed  in  the  court  under  the  rules,  with  briefs  of  one 
or  of  both  the  parties,  in  accordance  with  the  rules  for  the  government 
of  the  court. 

23.  Said  record  should  contain  an  assignment  of  errors  as  required 
by  the  statute.     If  it  does  not,  the  court  will  not  consider  any  error 
but  one  of  law  that  may  be  apparent  upon  the  record,  if  the  judgment  is 
one  that  could  legally  have  been  rendered  in  the  .lower  court  and  af- 
firmed in  the  appellate  court. 


TEXAS  CIVIL  FORM  BOOK.  739 

24.  The  assignment  of  errors  must  distinctly  specify  the  grounds  of 
error  relied  on,  and  a  ground  of  error  not  distinctly  specified,  in  refer- 
ence to  that  which  is  shown  in  the  record,  or  not  specified  at  all,  shall 
be  considered  as  waived,  unless  it  be  so  fundamental  as  that  the  court 
would  act  upon  it  without  ah  assignment  of  errors,  as  mentioned  in 
rule  23. 

25.  To  be  a  distinct  specification  of  error,  it  must  point  out  that 
part  of  the  proceedings  contained  in  the  record  in  which  the  error  is 
complained  of,  in  a  particular  manner,  so  as  to  identify  it,  whether  it 
be  the  rulings  of  the  court  upon  a  motion,  or  upon  any  particular  part 
of  the  pleadings,  or  upon  the  admission  or  the  rejection  of  evidence,  or 
upon  any  other  matter  relating  to  the  cause  or  its  trial,  or  the  portion 
of  the  charge  given  or  refused,  the  fact  or  facts  in  issue  which  the  evi- 
dence was  incompetent  or  insufficient  to  prove,  the  insufficiency  of  the 
verdict  or  finding  of  the  jury,  if  special,  and  the  particular  matter  in 
which  the  judgment  is  erroneous  or  illegal,  with  such  reasonable  cer- 
tainty as  may  be  practicable,  in  a  succinct  and  clear  statement,  consider- 
ing the  matter  referred  to. 

26.  Assignments  of  error  which  are  expressed  only  in  such  general 
terms  as  that  the  court  erred  in  its  rulings  upon  the  pleadings,  when 
there  are  more  than  one,  or  in  its  charge,  when  there  are  a  number  of 
charges,  or  the  verdict  is  contrary  to  law,  or  to  the  charge  of  the  court, 
and  the  like,  without  referring  to  and  identifying  the  proceedings,  will 
not  be  regarded  by  the  court  as  a  compliance  with  the  statute  requiring 
the  grounds  to  be  distinctly  specified,  and  will  be  considered  as  a  waiver 
of  errors,  the  same  as  if  no  assignment  of  errors  had  been  attempted  to 
be  filed. 

27.  In  cases  submitted  to  the  judge  upon  the  law  and  facts,  the 
assignments  of  error  shall  be  governed  by  the  same  rules  as  in  other 
cases,  and  the  party  desiring  to  appeal  should,  as  a  predicate  for  specific 
assignments  of  error,  request  the  judge  to  state  in  writing  the  conclu- 
sions of  fact  found  by  him  separately  from  the  conclusions  of  law.     And 
in  agreed  cases  under  the  statute  the  foregoing  rules  as  to  assignments 
of  error  shall  be  complied  with  as  fir  as  practicable. 

28.  There  will  be  no  assignments  of  error  allowed  in  the  appellate 
court  when  none  has  been  filed  in  the  lower  court,  unless  by  consent  of 
parties. 

BRIEFS. 

29.  The  appellant,  or  plaintiff  in  error,  in  order  to  prepare  properly 
a  case  for  submission  when  called,  shall  have  filed  a  brief  of  the  points 
relied  on  in  accordance  with  and  confined  to  the  distinct  specifications 
of  error  (which  assignments  shall  be  copied  in  the  brief)  and  to  such 
fundamental  errors  of  law  as  are  apparent  upon  the  record,  each  ground 
of  error  being  separately  presented  under  the  proper  assignment ;  and 
each  assignment  not  so  copied  and  accompanied  with  its  appropriate 
propositions  and  statements  shall  be  regarded  &»  abandoned.     The  as- 


740  TEXAS  CIVIL  FORM  BOOK. 

signments  as  presented  in  the  brief  shall  be  numbered  from  the  first  to 
the  last  in  their  consecutive  order;  but  it  is  not  required  that  they  shall 
be  presented  in  the  order  in  which  they  appear  in  the  original  assign- 
ment of  errors  filed  in  the  office  of  the  clerk  of  the  trial  court,  and  the 
numbers  of  such  original  assignments  may  be  disregarded. 

30.  The  appellant  or  plaintiff  in  error,  in  preparing  his  brief,  shall 
make  a  preliminary  statement  in  general  terms  of  the  nature  and  result 
of  the  suit,  such,  for  example,  as  the  following :     "  This  was  an  action 
of  trespass  to  try  title,  which  was  brought  by  the  appellant  against  the 
appellee  and  in  which  judgment  was  rendered  for  the  defendant."    This 
may,  at  the  option  of  counsel  for  the  appellant  or  plaintiff  in  error,  be 
followed  by  a  brief  statement  of  the  case  and  such  other  matters  as  may 
be  deemed  proper  as  an  introduction  to  the  assignments  of  error.     Then 
shall  follow  the  assignments.     Each  point  under  each  assignment  shall 
be  stated  as  a  proposition  unless  the  assignment  itself  may  sufficiently 
disclose   the  point,   in  which  event  it  shall   be  sufficient  to  copy   the 
assignment. 

31.  To   each   of  said  propositions   there  shall   be  subjoined  a   brief 
statement,  in  substance,  of  such  proceedings,  or  part  thereof,  contained 
in  the  record,  as  will  be  necessary  and  sufficient  to  explain  and  support 
the  proposition,  with  a  reference  to  the  pages  of  the  record.    This  state- 
ment must  be  made  faithfully,  in  reference  to  the  whole  of  that  which 
is  in  the  record  having  a  bearing  upon  said  proposition,  upon  the  pro- 
fessional responsibility  of  the  counsel  who  makes  it,  and  without  inter- 
mixing with  it  arguments,  reasons,  conclusions  or  inferences.     But  an 
argument  bearing  only  on  the  propositions  submitted  may  follow  each 
statement.     But  it  shall  be  neither  necessary  nor  proper  to  repeat  in 
such  statement  what  has  already  been  presented  in  the  general  pre- 
liminary statement  required  by  the  preceding  rule.    It  shall  be  sufficient 
in  such  case  to  refer  to  such  preliminary  statement  by  the  page  or  pages 
of  the  brief  on  which  the  particular  matter  is  found. 

32.  The  propositions,  if  more  than  one  under  one  ground  of  the 
assignment,  shall  refer  to  it,  and  be  stated  separately. 

33.  In  a  proposition  relating  to  the  error  of  the  court  in  overruling 
a  motion  for  a  new  trial  or  to  arrest  the  judgment,  in  which  there  are 
several  grounds,  the  particular  ground  or  grounds  should  be  referred  to 
with  the  apporpriate  explanation;  and  if  the  same  grounds  of  error  have 
been  presented  in  other  propositions,  it  will  be  unnecessary  to  repeat 
them. 

34.  In  propositions  relating  to  fundamental  errors  of  law  apparent 
upon  the  record,  enough  must  be  stated  to  make  the  error  of  law  which 
pervades  the  case  obviously  apparent,  without  requiring  the  court  to 
search  through  the  record  to  find  errors,  which  they  will  not  do  unless 
properly  pointed  out,  if  the  judgment  is  one  which  the  trial  court  is 
competent  to  render  in  such  a  case. 

35.  When   the    assignments    of    error   are   numerous   counsel   should 
present  propositions  on  those  which  are  most  important  in  the  determi- 


TKXAS  CIVIL  FOKM   BOOK.  741 

nation  of  the  case,  waiving  those  that  cannot  control  the  result  of  the 
decision  in  this  court  —  amongst  which  may  he  classed  those  involving 
questions  of  fact,  wherein  the  evidence  is  so  preponderating,  or  so  con- 
flicting, as  that  the  court,  under  well  established  rules  of  decision,  would 
not  set  aside  the  verdict  of  the  jury  or  judgment  of  the  court  upon  them. 

36.  There  should  be  annexed  to  each  proposition,  with  its  statement, 
and  at  the  end  of  it,  a  reference  simply  to  the  authorities  relied  on,  if 
any,  in  support  of  it,  in  the  following  order,  to  wit:     The  statutes  and 
decisions  of  this  State;  the  statutes  and  decisions  of  the  United  States, 
if  they  are  applicable  to  the  case;  elementary  authorities;  other  decisions 
in  the  American  and  English  courts.     In  citing  decisions,  those  most 
nearly  in  point  should  be  cited  first,  and  they  should  not,  usually  at 
least,  be  so  numerous  as  to  require1  a  waste  of  time  in  their  examination. 

37.  The  brief  of  the  parties,  framed  in  accordance  with  these  rules, 
must  be  signed  by  the  party  or  his  counsel;  and  if  by  counsel,  it  shall 
appear  for  and  on  behalf  of  what  party  or  parties,  by  name,  it  is  signed ; 
and  the  copies  thereof  filed  in  the  appellate  court  shall  be  plainly  writ- 
ten or  printed,  and  if  if  covers  more  than  eight  pages  of  foolscap  they 
shall  be  printed. 

38.  Such  brief  may  be  amended  by  a  citation  of  additional  authori- 
ties to  the  respective  points  or  propositions  made  in  it,  which  must  be 
filed  and  notice  of  it  given  to  the  counsel  for  the  opposite  party,  jf  in 
attendance,  one  day  before  the  case  is  called.     No  other  amendment  to 
the  brief  shall  be  allowed  by  the  court,  unless  it  is  or  can  be  done  with- 
out injustice  or  unreasonable  inconvenience  being  thereby  imposed  on 
the  other  party. 

39.  The  failure  of  appellant  or  plaintiff  in  error  to  file  an  assign- 
ment of  errors  and  briefs  in  the  lower  court,  and  in  the  appellate  court 
in  the  time  and  in  the  manner  prescribed  by  law  and  by  the  rules,  shall 
be  ground  for  dismissing  the  appeal  or  writ  of  error  for  want  of  prose- 
cution, by  motion   made  by   appellee  or  defendant    in   error,  as  other 
motions  under  rule  8,  unless  good  cause  is  shown  why  it  was  not  done 
in  the  time  and  manner  as  prescribed,  and  that  they  have  been  filed  at 
such  time  and  under  such  circumstances  as  that  the  appellee  or  defend- 
ant in   error  has  reasonably   not   suffered   any   material   injury   in   the 
defense  of  the  case  in  the  appellate  court.     In  deciding  said  motion  the 
court  will  give  such  direction  to  the  case  as  will  cause  the  least  incon- 
venience or  damage  from  such  failure  so  far  as  practicable. 

40.  When  it  shall  be  found  that  the  rules  prescribed  for  the  prepara- 
tion of  a  case  for  submission  have   been   fully  complied   with  by  the 
appellant  or  plaintiff  in  error,  the  court   will,  in  its  discretion,  regard 
this  brief  as  a  proper  presentation  of  the  case,  without  an  examination 
of  the  record  as  contained  in  the  transcript,  and  may  found  its  decision 
thereon,  unless  the  appellee  or  defendant  in  error  shall,  by  the  time  of 
calling  of  the  case,  tile  in  the  appellate  court  copies  of  his  brief,  to  be 
there  kept  with  the  transcript,  containing  his  objections,  succinctly  and 


742  TEXAS  CIVIL  FORM  BOOK. 

definitely,  to  the  grounds  of  error  as  presented  in  the  propositions  of 
appellant  or  plaintiff  in  error  in  his  brief,  taking  up  each  of  them  in 
order,  and  stating  such  other  matters  contained  in  the  record,  in  the 
mode  prescribed  for  appellant  and  plaintiff  in  error,  as  may  sustain 
his  objection  to  each;  to  which  may  be  added  propositions  of  his  own, 
supported  by  like  statements  of  what  is  in  the  record,  so  as  to  present 
his  view  of  the  case,  citing  the  proceedings  in  the  transcript,  with  the 
pages,  when  practicable,  to  which  he  refers  in  his  statement. 

41.  Whatever  of  the  statements  of  the  appellant  or  plaintiff  in  error 
in  his  brief  is  not  contested,  will  be  considered  as  acquiesced  in.     To 
each  of  his  said  objections  or  propositions  may  be  annexed  his  authorities, 
cited  in  the  order  indicated  for  the  brief  of  appellant  or  plaintiff  in 
error. 

41a.  On  or  before  the  day  fixed  for  the  hearing  of  the  cause  as  pre- 
scribed by  section  23  of  the  act  hereinbefore  referred  to,  and  before  the 
opening  of  the  court,  four  copies  of  the  brief  of  each  of  the  parties 
required  to  be  filed  in  the  office  of  the  clerk  of  the  trial  court,  shall  be 
filed  with  the  papers  in  the  cause  in  the  office  of  the  clerk  of  the  Court 
of  Civil  Appeals. 

42.  When  appellant  or  plaintiff  in  error  has  failed  to  prepare  the 
case  for  submission,  by  the  omission  of  what  is  required  after  bond  or 
affidavit  filed  for  appeal  and  for  writ  of  error  with  citation  served,  the 
appellee  or  defendant  in  error,  before  the  call  of  the  case,  may  file  in 
the  appellate  court  a  brief  in  the  manner  required  of  the  appellant  or 
plaintiff  in  error  —  except  that  his  propositions  will  be  shaped  so  as  to 
show  the  correctness  of  the  judgment  —  which  the  court  may,  in  its 
discretion,  regard  as  a  correct  presentation  of  the  case,  without  examin- 
ing the  record  further  than  to  see  that  the  judgment  is  one  that  can  be 
affirmed  upon  the  view  of  the  case  as  presented  by  appellee  or  defendant 
in  error.     The  appellee  or  defendant  in  error  shall  be  entitled  to  the 
custody  of  the  transcript  after  it  is  filed  in  the  appellate  court,  for  the 
purpose  of  preparing  his  brief. 

43.  The  appellee  or  defendant  in  error  may  submit  the  record  upon 
a  suggestion  of  delay,  upon  making  a  brief  statement  of  the  character 
of  the  suit,  the  proceedings  therein,  and  the  judgment  rendered,  which 
will  be  required  in  every  case  of  such  submission  when  appellant  or 
plaintiff  in  error  has  filed  no  brief.     If  this  is  done  in  a  case  properly 
prepared  for  submission  by  appellant  or  plaintiff  in  error,  it  will  be 
considered  an  acquiescence  in  the  statement  of  appellant  or  plaintiff  in 
error,  in  his  brief,  as  to  the  contents  of  the  record,  and  as  merely  a 
denial  of  the  legal   consequences  contended  for  by  the  appellant  or 
plaintiff  in  error,  unless  the  appellee  or  defendant  in  error  shall  also  file 
a  brief,  as  heretofore  provided,  which  he  may  do.     If  the  appellant  or 
plaintiff  in  error  has  not  prepared  the  case  for  submission,  the  record 
will  be  examined  sufficiently  to  ascertain  that  it  is  or  is  not  properly  a 
delay  case,  and  if  found  to  be  a  plain  case  of  delay,  it  will  be  acted  on 
as  such;  but  if  not,  it  will  be  reversed  or  referred  back  for  a  brief,  or 


TEXAS  CIVIL  FORM  BOOK.  '  743 

brief  and  argument,  on  one  or  both  sides,  as  ma}'  be  directed.  In  de- 
ciding under  this  rule,  where  the  ease  has  not  been  prepared  for  sub- 
mission by  the  appellant  or  plaintiff  in  error,  the  court  will  be  required 
to  look  only  to  the  substantial  merits  as  they  may  appear  in  the  record. 

44.  When  affirmance  is  asked  upon  certificate  filed,  there  need  l>e 
nothing  more  than  a  request  for  affirmance,  signed  by  the  party  or  his 
counsel.     It  shall  not  be  submitted  sooner  than  one  week  after  l>eing 
filed,  if  the  court  should  be  in  session  that  length  of  time.    The  appellee 
or  defendant  in  error  may  be  heard  on  a  motion  to  dismiss  the  certificate, 
or  on  a  motion  to  file  the  transcript  of  the  record,  or  on  a  motion  to 
set  aside  the  judgment  rendered,  as  in  «other  cases  of  rehearing. 

DEFECTIVE    BRIEF. 

45.  In  all  cases  wherein  the  brief  or  briefs  are  found  insufficient, 
either  in  a  proper  presentation -of  the  facts  or  proceedings  in  the  case, 
or  in  the  reference  to  the  authorities,  so  as  to  enable  the  court  to  decide 
the  case,  the  court  may  set  aside  the  submission  and  refer  it  back,  with 
such  orders  for  postponement,  filing  of  briefs,  reference  to  authorities, 
by  one  or  both  parties,  and  reargument,  written  or  oral,  as  may  l>e 
deemed  proper.       If,  however,  one  party  has  fully  complied  with  the 
rules  and  has  filed  a  satisfactory  brief  that  will  enable  the  court  to  de- 
cide the  case,  and  the  other  party  is  in  default,  and  has  not  filed  a 
satisfactory  brief  in  accordance  with  the  rules,  the  court  may,  in  its 
discretion,  disregard  the  latter  party's  brief,  as  if  not  filed  in  the  case, 
and  act  upon  that  alone  which  has  been  filed  in  accordance  with  the 
rules. 

AGREEMENTS   OF   COUNSEL. 

46.  All  agreements  of  parties  or  their  counsel  relating  either  to  the 
merits  or  conduct  of  the  case  in  the  court,  or  in  reference  to  a  waiver 
of  any  of  the  requirements  prescribed   by   the   rules,   looking  to   the 
proper  preparation  of  an  appeal  or  writ  of  error  for  a  submission,  shall 
be  in  writing,  signed  by  the  parties  or  their  counsel,  and  filed  with 
the  transcript  or  be  contained  in  it,  and,  to  the  extent  that  such  agree- 
ment may  vary  the  regular  order  of  proceeding,  shall  be  subject  to  such 
crders  of  the  court  as  may  be  necessary  to  secure  a  proper  preparation 
for  a  submission  of  the  case. 

ARGUMENTS   OF   COUNSEL. 

47.  When  the  case  is  properly  prepared  for  submission  any  party 
who  has  filed  briefs  in  accordance  with  the  rules  prescril>ed  therefor 
may,  upon  the  call  of  the  case  for  submission,  submit  an  argument  to 
the  court,  either  oral  or  plainly  written  or  printed,  which,  if  written  or 
printed,  may  be  left  on  file  with  the  transcript,  copies  of  which  need 
not  be  furnished  unless  printed. 


744  TEXAS  CIVIL  FORM  BOOK. 

48.  The  arguments  must  be  upon  the  disputed  points,  whether  of  law 
or  fact,  in  support  of  the  propositions  relied  on,  on  one  side,  and  objec- 
tions and  counter-propositions  on  the  other,  and  it  must  be  confined  to 
them,  avoiding  any  reference  or  comment  upon  positions  taken  in  the 
trial  court,  or  to  other  extraneous  matters  not  involved  in  or  pertaining 
to  that  which  is  found  in  the  record. 

49.  In  referring  to  statutes,  that  part  directly  bearing  upon  or  rele- 
vant to  the  position,  should  be  read  at  the  bar,  or  stated  in  the  written 
or  printed  arguments,  and  in  citing  elementary  books  or  decisions  of 
courts,  the  principle  should  be  stated,  or  so  much  should  be  read  or 
stated  as  bears  directly  on  or  tends  to  maintain  the  proposition  for  which 
it  is  cited  in  the  brief. 

50.  After  the  case  has  been  presented  to  the  court  by  such  explana- 
tion as  may  be  necessary,  each  side  may  be  allowed  an  hour  in  argument 
at  the  bar,  with  twenty  minutes  more  in  conclusion  by  the  appellant; 
and,  after  being  so  presented,  if  the  magnitude  or  importance  of  the  case 
or  the  difficulty  of  the  questions  seem  to  require  it,  a  longer  time  may 
be  allowed.     Not  more  than  two  counsel  on  each  side  will  be  heard, 
except  upon  leave  of  the  court. 

51.  If  counsel  for  but  one  party  has  filed  briefs,  an  argument  by 
him  may  be  allowed,  conformably  to  the  preceding  rules,  as  nearly  as 
practicable,  under  the  direction  of  the  court: 

52.  Counsel  who  argue  a  case  at  the  bar  will  be  expected  to  be  able 
to 'answer  questions  propounded  by  the  members  of  the  court,  relating 
to  the  matters  contained  in  the  record,  and  to  the  laws  or  authorities 
cited  in  the  argument. 

53.  Should    it    be    apparent,    during   the    progress    of    the   trial,    or 
afterward,  that  the  case  has  not  been  properly  prepared,  as  shown  in 
the  transcript,  or  properly  presented  in  the  brief  or  briefs,  or  that  the 
law  and  authorities  have  not  been  properly  cited,  which  will  enable  the 
court  to  decide  the  case,  it  may  decline  to  receive  the  submission,  or,  if 
received,  may  set  it  aside  and  make  such  orders  as  may  be  necessary  to 
secure  a  more  satisfactory  submission  of  the  case;  or  should  it  appear 
to  the  court  after  the  submission  of  the  cause,  that  the  statement  of 
facts  has  been  prepared  in  violation  of  the  rules,  the  court  may  require 
the  plaintiff  in  error  or  appellant  to  furnish  four  printed  copies  of  such 
statement  of  facts,  and  upon  his  failure  to  do  so  may  disregard  it.'    If 
the  violation  of  the  rule  be  flagrant,  the  court  may  disregard  the  state- 
ment of  facts  altogether,  unless  counsel  for  the  appellant  or  plaintiff  in 
error  shall  make  it  appear  by  affidavit  or  otherwise,  that  he  prepared  a 
statement  giving  what,  in  his  opinion,  he  deemed  a  fair  presentation  of 
the  evidence,  prepared  in  accordance  with  the  rules,  and  that  he  was 
unable  to  get  it  agreed  to  or  approved.     But  should  counsel  for  appel- 
lant or  plaintiff  in  error  show  that  he  has  used  due  diligence  to'  have  a 
proper  statement  of  facts  signed  and  approved,  and  that  the  statement 
of  facts  as  prepared  is  the  result  of  the  fault  of  the  counsel  for  the 


TEXAS  CIVIL  FORM  BOOK.  745 

opposite  party,  suefi  as  his  failure  or  refusal  to  agree  to  a  proper  state- 
ment presented  to  him,  the  costs  of  printing  the  statement,  if  ordered, 
shall  he  taxed  against  the  appellee,  or  defendant  in  error,  as  the  case 
may  he. 

53a.  If  after  the  submission  of  the  cause  the  court  find  that  the 
transcript  is  not  prepared  as  required  by  the  rules,  and  that  it  contains 
matter  which  should  not  have  been  incorporated  therein,  the  court  may 
in  their  discretion  decline  to  proceed  further  with  the  case  until  the 
appellant  or  plaintiff  in  error  presents  a  copy  of  the  transcript  from 
which  all  foreign  matters  have  been  omitted,  and  the  court  may,  in 
addition  thereto,  require  that  such  copy  shall  be  printed,  and  in  case 
of  the  failure  of  such  party  to  comply  with  the  court's  order  within  a 
reasonable  time,  to  be  specified  in  such  order,  the  case  shall  be  dismissed. 

54.  When  a  case  has  been  properly  prepared  for  submission  and  a 
satisfactory   oral   argument   has  been  made,    the   court   will   promptly 
announce  its  judgment,  if  practicable,  at  the  next  succeeding  session 
of  the  court,  and,  when  deemed  necessary,  deliver  a  written  opinion, 
if  not  then,  at  some  other  time  during  the  term  of  the  court. 

CUSTODY    OF    TRANSCRIPT. 

55.  Neither  the  transcript  nor  any  of  the  papers  in  a  case  shall  be 
withdrawn  from  the  custody  of  the  clerk,  nor  taken  from 'his  office  or 
the  court  room  without  a  receipt  left  therefor. 

56.  Cases,  while  under  submission,  either  on  the  merits  of  the  appeal 
or  on  motion,  are  no  longer  under  the  control  of  the  attorneys;  and, 
while  so  under  submission,  the  clerk  will  not  let  the  transcripts  of  such 
cases  go  out  of  his  olh'ce,  except  on  the  order  of  one  of  the  justices  of  the 
court.     While  not  under  submission,  either  before  submission  or  after 
decision,  the  parties  or  their  attorneys  may,  by  complying  with  rules 
55  and  60,  obtain  possession  of  the  transcript;  provided,  however,  that 
when  a  case  has  been  decided  upon  the  merits  of  the  appeal,  no  one, 
except  the  losing  party  or  his  attorney,  shall  be  allowed  to  take  the 
transcript  out  of  the  clerk's  office  until  after  said  party  has  filed  his 
motion  for  a  rehearing,  or  until  after  the  time  for  filing  such  motion 
has  expired, 

57.  Original  papers  sent  up  with  the  transcript  by  order  of  the  trial 
court  for  the  inspection  of  the  appellate  court   will  be  retained  in  the 
office,  and  will  not  be  allowed  to  go  out  of  the  custody  of  the  clerk, 
except  by  order  of  one  of  the  justices  of  the  court,  which  order  must 
be  filed  with  the  papers  of  the  cause. 

58.  The  clerk  shall  furnish  the  parties  and  counsel  with  an  oppor- 
tunity, when   reasonably  applied  to  for  that   purpose,   to  inspect  the 
records,  judgments,  papers,  opinions,  books  and  dockets  in  his  office  in 
which  they  may  be  interested;  hut  he  shall  not  be  required  to  permit 
copies  thereof  to  be  taken  without  his  consent.     He  shall  upon  tender 
of  reasonable  compensation  give  certified  copies  of  the  records  of  his 
office. 


746  TEXAS  CIVIL  FORM  BOOK. 

59.  The    clerk    shall   be   responsible   for   every   transcript   or    other 
paper,  in  a  cause,  that  is  missing  from  his  office,  unless  he  can  produce 
the  receipt  of  an  attorney  for  the  same,  or  otherwise  show,  by  satis- 
factory evidence,  that  some  one  took  it  from  his  custody,  or  from  the 
court  room,  without  his  consent,  or  that  said  transcript  had  passed  into 
the  hands  of  one  of  the  justices  of  the  court,  and  had  not  been  returned 
to  his  custody. 

60.  No  attorney  shall  take,  or  suffer  to  be  taken,  any  transcript  or 
other  paper  for  which  he  has  receipted  out  of  the  reach  of  the  court  so 
that  it  cannot  be  produced  in  court  or  in  the  clerk's  office  when  it  is 
needed. 

61.  The  reporter  shall  have  access  to  the  minutes  and  judgments  of 
the  court,  and  shall  have  custody  of  the  transcripts,  briefs  and  opinions 
so  long  as  may  be  necessar}'  to  discharge  his  duties  as  reporter. 

62.  In  all  cases  in  which  appeals  or  writs  of  error  are   dismissed, 
the  appellant,  or  party  filing  the  transcript,  without  further  leave  of 
the  court,  shall  have  the  right  to  withdraw  the  transcript,  unless  it  con- 
tains  original  papers  belonging  to  an   adverse  party,   in  which   event 
leave  of  court  shall  be  had  before  such  original  papers  are  withdrawn. 

REHEARING  IN   THE   COURTS   OF   CIVIL  APPEALS. 

63.  Motions  for  rehearing  shall  be  made  and  conducted  strictly  in 
accordance  with  the  statute,  which  describes  the  manner  of  this  pro- 
ceeding. 

64.  Where  a  court  of  civil  appeals  adjourns  for  the  term  within  less 
than  fifteen  days  after  the  rendition  of  judgment,  the  issuance  of  the 
mandate  shall,  unless  otherwise  ordered,  be  withheld  until  the  expira- 
tion of  said  period;  and  if,  within  that  period,  an  application  for  re- 
hearing shall  be  presented  to  the  clerk  of  the  court  at  that  place,  the 
issuance  of  mandate  shall  be  further  withheld  to  await  the  action  of  the 
court  on  said  application. 

65.  Upon    the    rendering   of    the   judgment    in    the    Court    of    Civil 
Appeals,  as  well  as  upon  the  making  of  an  order  overruling  the  motion 
for  a  rehearing,  the  clerk  shall_  immediately  give  notice  by  postal  card 
to  the  attorneys  of  the  respective  parties  of  the  disposition  made  of  the 
cause  or  of  the  motion,  as  the  case  may  be,  for  which  service  he  shall  tax 
the  usual  fee  as  a  part  of  the  costs  in  the  case.    But  the  mailing  of  such 
notices  shall  not  relieve  the  parties  of  the  responsibility  of  taking  notice 
of  the  disposition  of  the  cause  or  motion,  and  the  failure  to  receive  a 
notice  so  mailed  shall  be  no  excuse  for  delay  in  taking  such  future  action 
as  may  be  desired  in  reference  to  the  case  within  the  time  prescribed 
by  the  statutes  and  rules. 

66.  Upon  the  presentation  to  him  of  an  application  for  a  writ  of  error 
the  clerk  of  the  Court  of  Civil  Appeals  shall  withhold  the  mandate  until 
properly  advised  of  the  disposition  of  the  case  by  the  Supreme  Court. 

67.  Whenever   a   court   of   civil   appeals   shall   decide   any   question 


TEXAS  CIVIL  FORM  BOOK.  747 

which  may  come  before  it  for  determination  and  shall  deliver  a  written 
opinion  thereon,  and  shall,  upon  a  motion  for  a  rehearing  or  upon  their 
own  motion,  certify  such  question  for  the  decision  of  the  Supreme  Court, 
the  original  opinion  or  a  copy  thereof,  as  well  as  a  copy  of  the  briefs 
of  counsel  on  file  in  such  court,  shall  accompany  the  certificate  sent  up 
to  the  court.  If  the  original  opinion  be  sent  up  it  shall  be  the  duty  of 
the  clerk,  when  he  sends  down  the  answer  to  the  question,  to  accompany 
the  same  with  such  original  opinion. 

RULES  FOR  THE  COURT  OF  CRIMINAL  APPEALS. 

1.  The  clerks  of  the  Court  of  Criminal  Appeals  shall  be  governed 
by  the  rules  applicable  to  the  clerks  of  the  Courts  of  Civil  Appeals, 
except  where  a  different  rule  may  be  prescribed  by  statute. 

2.  The  rules  governing  motions,  arguments  of  counsel  and  applica- 
tions for  certiorari  to  complete  the  record  as  prescribed  for  the  Courts 
of  Civil  Appeals  shall  apply  to  the  Court  of  Criminal  Appeals. 

RULES  FOR  THE  DISTRICT  AND  COUNTY  COURTS. 
PLEADINGS. 

1.  The  pleadings  in  the  district  and  county  courts  shall,  as  prescribed 
by  statute,  be  by  petition  and  answer. 

2.  Pleadings,  with  the  exception  of  those  presenting  issues  of  law, 
must  be  a  statement  of  facts,  in  contradistinction  to  a  statement  of  evi- 
dence, of  legal  conclusions,  and  of  arguments.     Facts  are  adequately 
represented  by  terms  and  modes  of  expression  wrought  out  by  long  judi- 
cial experience,  perpetuated  in  books  of  forms,  in  law  and  equity,  which, 
though  not  authoritatively  requisite,  may  generally  be  adopted  as  safe 
guides  in  pleadings.     In  case  of  a  violation  of  this  rule,  to  such  an 
extent  as  to  produce  confusion,  uncertainty  and  unnecessary  length  in 
pleading,  the  court  may  require  the  matter  set  up  to  be  repleaded,  so  as 
to  exclude  the  superfluous  parts  of  it  from  the  record. 

THE  PETITION. 

3.  The  petition  of  plaintiff  shall  consist  of  an  original  petition,  and 
such  supplemental  petitions  as  may  be  necessary  in  the  course  of  plead- 
ing by  the  parties  to  the  suit,  to  enable  the  plaintiff  to  state  all  the  facts 
presenting  his  cause  of  action,  and  such  other  facts  as  may  be  required 
to  rebut  the  facts  that  may  be  set  up  in  the  original  and  supplemental 
answers,  a?  pleaded  by  the  defendant.     The  original  petition  and  the 
supplemental  petitions  shall  be  indorsed,  so  as  to  show  their  respective 
positions  in  the  process. of  pleading,  as  "original  petition,"  "plain- 
tiff's first  supplemental  petition,"  "  plaintiff's  second  supplemental  peti- 
tion," and  so  on,  to  be  successively  numbered,  named  and  indorsed. 


748  TEXAS  CIVIL  FORM  BOOK. 

ORIGINAL  PETITION. 

4.  The  plaintiff,  in  the  original  petition,  in  addition  to  the  names  and 
residences  of  the  parties  and  the  relief  sought,  may  state  all  of  his  facts, 
so  as  to  present  together  different  combinations  of  facts,  amounting  to 
a  cause  or  causes  of  action,  as  has  been  the  usual  practice,  or  he  may 
state  the  cause  or  causes  of  action  in  several  different  counts,  each  within 
itself  presenting  a   combination   of  facts,   specifically   amounting   to   a 
single  cause  of  action,  which,  when  so  drawn,  shall  be  numbered,  so  that 
an  issue  may  be  formed  on  each  one  by  the  answer. 

PLAINTIFF'S  SUPPLEMENTAL  PETITION. 

5.  The    plaintiff's    supplemental    petitions    may    contain    exceptions, 
general  denials  and  the  allegations  of  new  facts  not  before  alleged  by 
him,  in  reply  to  those  which  have  been  alleged  by  the  defendant. 

THE   ANSWER. 

6.  The  answer  of  defendant  shall  consist  of  an  original  answer,  and 
such  supplemental  answers  as  may  be  necessary,  in  the  course  of  plead- 
ing by  the  parties  to  the  suit,  to  enable  the  defendant  to  state  all  of  the 
exceptions  and  facts,  presenting  his  defense,  as  contained  in  his  original 
answer,  or  his  cross-action,  if  one  be  set  up  in  the  original  answer,  and 
such  other  facts  as  may  be  required  to  rebut  the  facts  that  may  be  stated 
in  the  original  and  supplemental  petitions  as  pleaded  by  the  plaintiff. 
The  original  answer  and  the  supplemental  answers  shall  be  indorsed, 
so  as  to  show  their  respective  positions  in  the  process  of  pleading,  as 
"  original  answer,"  "  defendant's  first  supplemental  answer,"  "  defend- 
ant's second  supplemental  answer,"  and  so  on,  to  be  successively  num- 
bered, named  and  indorsed. 

ORIGINAL  ANSWER. 

7.  The  original  answer  may  consist  of  pleas  to  the  jurisdiction,  in 
abatement,  of  privilege,  or  any  other  dilatory  pleas;  of  exceptions,  gen- 
eral and  special;  of  general  denial,  and  any  other  facts  in  defense  by 
way  of  avoidance  or  estoppel,  the  same  being  pleaded  in  the  due  order 
of  pleading,  as  required  by  statute:  and  it  may  present  a  cross-action, 
which  to  that  extent  will  place  defendant  in  the  attitude  of  a  plaintiff. 
Facts  in  avoidance  and  estoppel  may  be  stated  together,  or  in  several 
special  pleas,  each  presenting  a  distinct  defense,  and  numbered  so  as  to 
admit  of  separate  issues  to  be  formed  on  them. 

SUPPLEMENTAL    ANSWERS. 

8.  The    defendant's   supplemental   answers   may   contain   exceptions, 
general  denial,  and  the  allegations  of  new  facts,  not  before  alleged  by 
him,  in  reply  to  that  which  has  been  alleged  by  the  plaintiff. 

9.  The  original  petition,  first  supplemental  petition,  second  supple- 


TEXAS  CIVIL  FORM  BOOK.  749 

mental  petition,  and  every  other,  shall  each  be  contained  in  one  instru- 
ment of  writing,  and  so  with  the  original  answer  and  each  of  the  sup- 
plemental answers. 

10.  Each   supplemental  petition   or  answer,   made   by  either  party, 
shall  be. a  response  to  the  last  preceding  pleading  by  the  other  party,  and 
shall  not  repeat  the  facts  formerly  pleaded  further  than  is  necessary  as 
an  introduction  to  that  which  is  stated  in  the  pleading  then  being  drawn 
up.     These  instruments,  to  wit,  the  original  petition  and  its  several 
supplements,  and  the  original  answer  and  its  several  supplements,  shall, 
respectively,  constitute  separate  and  distinct  parts  of  the  pleadings  of 
each  party;  and  the  position  and  identity,  by  number  and  name,  with 
the  indorsement  of  each  instrument,  shall  be  preserved  throughout  the 
pleadings  of  either  party. 

11.  Each  party  who  files  a  supplement  of  any  number  (as  first,  sec- 
ond, third,  and  so  on),  shall  give  notice  thereof  by  asking  leave  of  the 
court,  and  filing  the  same  amongst  the  papers  of  the  cause,  with  the 
appropriate  indorsement  thereon,  indicating  its  number  and  name. 

AMENDMENT. 

j&.  An  amendment  may  be  made  by  either  party,  upon  leave  of  1  he- 
court  for  that  purpose,  or  in  vacation,  as  prescribed  by  statute  —  the 
object  of  an  amendment,  as  contradistinguished  from  a  supplemental 
petition  or  answer,  being  to  add  something  to,  or  withdraw  something 
from,  that  which  has  been  previously  pleaded,  so  as  to  perfect  that  which 
is  or  may  be  deficient,  or  to  correct  that  which  has  been  incorrectly 
stated  by  the  party  making  the  amendment. 

13.  The  party  amending  shall  point  out  the  instrument,  with  its 
date,  sought  to  be  amended,  as  "  original  petition,"  or  "  plaintiff's  first 
supplemental  petition,"  or  others  filed  by  the  plaintiff,  or  as  "  original 
answer,"  or  "  defendant's  first  supplemental  answer  "  or  others  filed  by 
the  defendant,  and  amend  such  instrument  by  preparing  and  filing  a 
substitute  therefor,  entire  and  complete  in  itself,  to  be  styled  and  in- 
dorsed, "amended  original  petition,"  or  "amended  first  supplemental 
petition,""  or  "amended  original  answer,"  or  "amended  first  supple- 
mental answer,"  and  so  on,  accordingly  as  said  instruments  of  pleading 
are  designated  in  rules  3  and  6. 

34.  Unless  the  substituted  instrument  shall  be  set  aside  on  excep- 
tions for  a  departure  in  pleading,  or  on  some  other  ground,  the  instru- 
ment for  which  it  is  substituted  shall  no  longer  be  regarded  as  a  part 
of  the  pleading  in  the  record  of  the  cause,  unless  some  error  of  the  court 
in  deciding  upon  the  necessity  of  the  amendment,  or  otherwise  in 
superseding  it,  be  complained  of,  and  i-xivption  be  tiikrn  to  tin-  action 
of  the  court,  or  unless  it  be  necessary  to  look  to  the  superseded  pleading 
upon  a  question  of  limitation. 

15.  When  either  party  may  have  occasion  to  plead  new  facts,  addi- 
tional to  those  formerly  pleaded  by  him,  which  constitute  an  additional 


750  TEXAS  CIVIL  FORM  BOOK. 

cause  of  action  or  defense  permissible  in  the  suit,  he  shall  present  it  as 
an  amendment  to  the  original  petition,  or  original  answer  (unless  it  is 
in  its  nature  a  response  to  some  pleading  of  the  opposite  party),  by  sub- 
stitution, with  the  proper  number,  name  and  indorsement,  in  the  same 
manner  as  other  amendments. 

16.  When  either  supplement  or  amendment  made  to  pleading  is  of 
such  character,  and  is  presented  at  such  time  as  to  take  the  opposite 
party  by  surprise  (to  be  judged  of  by  the  court),  it  shall  be  cause  for 
imposing  the  cost  of  the  term  upon,  and  charging  the  continuance  of  the 
cause   (both  or  either)   to  the  party  causing  the  surprise,  if  the  other 
party  demand  it,  and  shall  make  a  satisfactory  showing,  or  if  it  other- 
wise be  apparent  that  he  is  not  ready  for  trial,  on  account  of  said  sup- 
plement or  amendment  being  allowed  to  be  filed  by  the  court. 

EXCEPTIONS  TO  PLEADINGS. 

17.  General  exceptions  shall  point  out  the  particular  instrument  in 
the  pleadings,  to  wit,  the  original  petition  or  answer,  or  the  respective 
supplements  to  either ;  and  in  passing  upon  such  general  exception  every 
reasonable  intendment  arising  upon  the  pleading  excepted  to  shall  be 
indulged  in  favor  of  its  sufficiency. 

18.  A  special  exception  shall  not  only  point  out  the  particular  plead- 
ing excepted  to,  but  it  shall  also  point  out  intelligibly  the  obscurity, 
inconsistency,  duplicity,  generality  or  other  insufficiency  in  the  allega- 
tions in  the  pleading  objected  to.     The  general  expression   that  it  is 
vague,  uncertain,  and  the  like,  alone  shall  be  regarded  as  no  more  than 
a  general  exception. 

EXHIBITS   IN   PLEADING. 

19.  Notes,  accounts,  bonds,  mortgages,  records  and  all  other  written 
instruments,  constituting,  in  whole  or  in  part,  the  cause  of  action  sued 
on,  or  the  matter  set  up  in  defense,  may  be  made  a  part  of  the  pleadings 
by  copies  thereof,  or  the  originals,  being  attached  and  referred  to  as 
such,  in  aid  and  explanation  of  the  allegations  in  the  petition  or  answer 
made  in  reference  to  said  instruments,  but  will  not  thereby  relieve  the 
pleader  from  making  the  proper  allegations  of  which  said  exhibits  may 
be  the  evidence,  in  whole  or  in  part.     No  other  instrument  of  writing, 
such  as  a  deed,  will,  document,  record  of  court,  or  agreement,  which  is 
not  sued  on  as  a  cause  of  action  by  plaintiff,  or  set  up  as  matter  relied 
on  in  defense  by  defendant,  but  is  designed  to  be  used  only  as  evidence 
of  some  fact  that  is  alleged,  shall  be  made  an  exhibit  in  the  pleading; 
and  when  it  shall  be  so  attempted,  by  attaching  such  instrument  and 
referring  to  it  as  such,  the  court  will,  of  its  own  motion,  or  at  the 
instance -of  a  party,  cause  the  instrument  to  be  detached  from  the  plead- 
ing and  adjudge  it  to  constitute  no  part  thereof,  by  an  order  of  court 
entered  of  record,  at  the  cost  of  the  party  violating  this  rule,  so  as  to 
prevent  the  pleadings  from  being  incumbered  with  that  which  is  or  may 
be  only  the  evidence  in  the  case. 


TEXAS  CIVIL  FORM  BOOK.  751 

20.  The  office  of  a  general  denial  by  the  defendant  is  to  throw  the 
burden  of  proof,  as  to  the  allegation  denied,  on  the  plaintiff.     The  de- 
fendant cannot  be  permitted  under  this  plea  to  introduce  special  mat- 
ters in  avoidance  or  estoppel,  in  evidence  for  his  defense.       And  the 
same  rule  prevails  when  it  is  filed  by  plaintiff  to  facts  in  the  cross- 
action  or  answer  of  defendant. 

MOTIONS. 

21.  The  clerk  shall  keep  a  motion  docket  in  which  all  motions,  when 
filed,  shall  be  placed,  with  the  names  of  the  parties  and  counsel,  with  the 
date  of  filing  and  its  number  and  the  number  of  the  case,  which  filing 
shall  be  considered  notice  of  said  motion  before  the  continuance  or  final 
disposition  of  the  case  for  the  term,  except  where  it  is  otherwise  pro* 
vided  for  by  statute. 

22.  The  court  will  set  apart  a  particular  day  each  week  of  the  term 
when  the  motions  previously  made,  in  which  proper  notice  has  been 
given,  shall  be  determined,  if  urged,  unless  for  good  cause  they  are  post- 
poned to  a  day  during  the  term,  or  continued  by  consent  to  the  next 
term. 

23.  When  notice  shall  be  given  of  objections  to  the  form  or  manner 
of  taking  and  returning  depositions,  either  party  may  require  it  to  be 
put  on  the  motion  docket  and  tried  as  other  motions;  provided,  if  not 
tried  sooner,  it  shall  be  decided  before  either  party  shall  be  required  to 
announce  readiness  for  trial  on  the  facts. 

DILATORY  PLEAS,   MOTIONS  AND  EXCEPTIONS,  WHICH   DO   NOT  GO  TO  THE 
MERITS   OF   THE    CAUSE. 

24.  All  dilatory  pleas  and  all  motions  and  exceptions  relating  to  a 
suit  pending,  which  do  not  go  to  the  merits  of  the  case,  shall  be  tried 
at  the  first  term  to  which  the  attention  of  the  court  shall  be  called  to  the 
same,  unless  passed  by  agreement  of  parties  with  the  consent  of  the 
court;  and  all  such  pleas  and  motions  shall  be  first  called  and  disposed 
of  before  the  main  issue  on  the  merits  is  tried. 

MOTIONS    AND    EXCEPTIONS    TO    M KBITS. 

25.  All  motions  which  go  to  the  merits  of  the  case,  and  all  excep- 
tions, general  and  special,  which  relate  to  the  substance  or  to  the  form 
of  the  pleadings,  shall  be  decided  at  the  first  term  of  the  court,  when 
the  case  is  called  in  the  regular  order  for  trial  on  the  docket,  if  reached, 
whether  there  be  an  announcement  on  the  facts  or  not,  unless  passed 
by  agreement  of  parties  with  the  consent  of  the  court. 

CALL   FOR   TRIAL. 

26.  When  the  case  is  called  for  trial  the  exceptions,  if    any  remain 
undisposed  of,  shall  be  presented  for  determination,  and  shall  then  be 
decided  before  proceeding  to  the  trial  of  the  case  on  the  facts,  and  if 


752  TEXAS  CIVIL  FORM  BOOK. 

not  presented,  they  shall  be  adjudged  by  the  court  to  have  been  waived, 
and  shall  be  so  entered  on  the  minutes  of  the  court,  the  cost  of  filing 
to  be  taxed  against  the  party  filing  them,  and  they  shall  constitute  no 
part  of  the  final  record,  unless  some  question  be  raised  upon  the  action 
of  the  court  in  reference  to  them,  and  they  are  presented  in  a  bill  of 
exceptions. 

27.  When  the  exceptions  have  been  presented  and  decided  leave  may 
be  granted  to  either  or  both  parties  to  file  an  amendment  in  one  instru- 
ment of  writing  separate  from  those  which  had  been  previously  filed  by 
each,  which  shall  close  the  pleadings  in  the  case  to  be  then  determined 
by  the  court,  so  as  to  decide  all  the  questions  of  sufficiency  arising  upon 
them.     In  making  this  amendment  the  party  shall  refer  distinctly  to 
such  instrument  as  he  desires  to  amend,  by  name  and  number,  as  in  the 
other  amendments,  without  repleading  the  whole  of  it,  but  shall  suc- 
cinctly state  such  additional  facts  to  be  added  thereto  as   he  may  desire, 
and  this  amendment  shall  be  styled  and  indorsed,  "  plaintiff's  "  or  "  de- 
fendant's trial  amendment;"  but  if  the  case  should  not  be  then  tried  the 
party  or  parties  shall  replead,  as  in  other  cases  of  amendment. 

28.  When  the  questions  of  law,  if  any,  have  been  determined  by  the 
court,  the  judge  may,  before  proceeding  to  trial,  by  the  aid  of  the 
counsel,  have  the  pleadings  that  have  been  held  sufficient,  or  have  not 
been  excepted  to,  read  over,  if  deemed  necessary,  and  make  a  brief 
memorandum  of  the  facts  stated,  or  issue  presented  in  the  pleadings,  and 
may  read  them  out  before  the  trial  commences,  so  as  to  inform  the 
parties  of  the  view  which  is  entertained  by  the  judge  of  the  matters  of 
fact  in  issue  as  presented  by  their  pleadings. 

29.  The  court,  when  deemed  necessary  in  any  case,  may  order  a  re- 
pleader  on  the  part  of  one  or  both  of  the  parties,  in  order  to  make  their 
pleadings  substantially  conform  to  the  rules. 

30.  These  rules  of  pleading  shall  apply  equally,  so  far  as  it  may  be 
practicable  to  apply  them,  to  interveners  and  to  parties,  when  more  than 
one,  who  may  plead  separately. 

TRIAL    OF    THE    CASE. 

31.  The  plaintiff  shall  have  the  right  to  open  and  conclude,  both  in 
adducing  his  evidence  and  in  the  argument,  unless  the  burden  of  proof 
of  the  whole  case  under  the  pleadings  rests  upon  the  defendant,  or  unless 
the  defendant,  or  all  of  the  defendants,  if  there  should  be  more  than 
one,  shall,  after  the  issues  of  fact  are  settled  and  before  the  trial  com- 
mences, admit  that  the  plaintiff  has  a  good  cause  of  action  as  set  forth 
in  the  petition,  except  so  far  as  it  may  be  defeated,  in  whole  or  in  part, 
by  the  facts  of  the  answer  constituting  a  good  defense,  which  may  be 
established  on  the  trial;  which  admission  shall  be  entered  of  record, 
when  the  defendant,  or  the  defendants,  if  more  than  one,  shall  have  the 
right  to  open  and  conclude  in  adducing  the  evidence  and  in  the  argu- 
ment of  the  cause. 


TEXAS  CIVIL  FORM  BOOK.  753 

32.  The  court  shall  not  be  required  to  allow  a  case  to  go  to  trial  on 
the  facts,  when  the  pleadings  are  obviously  so  defective  that  a  material 
issue  has  not  been  formed,  and  in  such  case  the  court  shall  call  the 
attention  of  the  parties  to  such  immaterial  or  defective  issue,  so  that 
the  time  of  the  court  may  not  be  wasted. 

33.  A  party  who  abandons  any  part  of  his  cause  of  action  or  defense, 
as  contained  in  the  pleadings,  may  have  that  fact  entered  of  record,  so 
as  to  show  that  the  matters  therein  were  not  tried,  and  he  shall  be  taxed 
with  the  cost  incurred  upon  such  pleading  so  abandoned.     He  shall 
also  be  taxed  with  the  cost  incurred  upon  pleading,  in  support  of  which 
no  evidence  was  offered,  to  be  determined  by  the  court  on  motion  at  the 
term  of  the  trial,  and  not  afterward. 

COUNSEL  AND  ARGUMENTS. 

34.  Counsel  for  plaintiff,  or  for  defendant,  when  he  holds  the  affirm- 
ative of  the  issue,  shall  have  the  right  to  open  and  conclude,  but  if  he 
waives  the  right  to  open  the  argument  he  shall  not  have  the  right  to 
conclude.     This  rule  will  apply  to  motions,  exceptions  to  evidence,  and 
all  other  matters  presented  to  the  court,  except  in  rules  to  show  cause, 
in  which  the  party  called  on  shall  begin  and  end  his  cause. 

35.  An  application  for  first  continuance  shall  not  be  argued. 

30.  In  all  arguments,  and  especially  in  arguments  on  the  trial  of  the 
case,  the  counsel  opening  shall  present  his  whole  case  as  he  relies  on  it, 
both  of  law  and  facts,  and  shall  be  heard  in  the  concluding  argument 
only  in  reply  to  the  counsel  on  the  other  side. 

37.  Counsel  for  an  intervener  shall  occupy  the  position  in  the  argu- 
ment assigned  by  the  court,  according  to  the  nature  of  the  claim. 

38.  Arguments  on  questions  of  law  shall  be  addressed  to  the  court, 
and  counsel  shall  state  the  substance  of  the  authorities  referred  to  with- 
out reading  more  from  books  than  may  be  necessary  to  verify  the  state- 
ment.     On  a  question  on  motions,  exceptions  to  the  evidence  and  other 
incidental  matters,  the  counsel  will  be  allowed  only  such  argument  as 
may  be  necessary  to  present  clearly  the  question  raised,  and  refer  to  the 
authorities  on  it,  unless  further  discussion  is  invited  by  the  court. 

39.  Arguments  on  the  facts  should  be  addressed  to  the  jury,  when 
one  is  impaneled  in  a  case  that  is  being  tried,  under  the  supervision  of 
the  court.     Counsel  shall  be  required  to  confine  the  argument  strictly  to 
the  evidence  and  to  the  arguments  of  opposing  counsel.     Mere  jn?rsonal 
criticism  by  counsel  upon  each  other  shall  be  avoided,  and,  when  in- 
dulged in,  shall  be  promptly  corrected  as  a  contempt  of  court. 

40.  Side-bar  remarks  and  remarks  by  counsel  of  one  side,  not  ad- 
dressed to  the  court,  while  the  counsel  on  the  other  side  is  examining 
witness  or  arguing  any  question  to  the  court,  or  addressing  the  jury, 
will  be  rigidly  repressed  by  the  court. 

41.  The  court  will  not  be  required  to  wait  for  objections  to  be  made 
when  the  rules  as  to  arguments  are  violated  :  but  should  they  not  be 

Form  Book  —  48. 


754  TEXAS  CIVIL  FORM  BOOK. 

noticed  and  corrected  by  the  court,  opposing  counsel  may  ask  leave  of  the 
court  to  rise  and  present  his  point  of  objection.  But  the  court  shall 
protect  counsel  from  any  unnecessary  interruption  made  on  frivolous 
and  unimportant  grounds. 

42.  It  shall  be  the  duty  of  every  counsel  to  address  the  court  from 
his  place  at  the  bar,  and,  in  addressing  the  court,  to  rise  to  his  feet; 
and  while  engaged  in  the  trial  of  a  case  he  shall  remain  at  his  place  in 
the  bar. 

43.  But  one  counsel  on  each  side  shall  examine  and  cross-examine 
the  same  witness,  except  on  leave  granted. 

44.  No  more  than  two  counsel  on  each  side  shall  be  heard  on  any 
question  or  on  the  trial,  except  in  important  cases,  and  upon  special 
leave  of  the  court. 

45.  The   attorney    first    emplo}red    shall    be   considered    the    leading 
counsel  in  the  case  and,  if  present,  shall  have  control  in  the  manage- 
ment of  the  cause,  unless  a  change  is  made  by  the  party  himself,  to  be 
entered  of  record. 

46.  An  attorney  of  record  is  one  who  has  appeared  in  the  case,  as 
evidenced  by  his  name  subscribed  to  the  pleadings  or  to  some  agreement 
of  the  parties  filed  in  the  case;  and  he  shall  be  considered  to  have  con- 
tinued as  such  attorney  to  the  end  of  the  suit  in  the  trial  court,  unless 
there  is  something  appearing  to  the  contrary  in  the  record. 

47.  No   agreement  between  attorneys   or  parties  touching  any  suit 
pending  will  be  enforced,  unless  it  be  in  writing,  signed  and  filed  with 
the  papers  as  part  of  the  record,  or  unless  it  be  made  in  open  court  and 
entered  of  record. 

48.  Counsel  of  the  party  for  whom  a  judgment  is  to  be  rendered  shall 
prepare  the  form  of  the  judgment  to  be  entered  and  submit  it  to  the 
court. 

49.  Absence  of  counsel  will  be  no  good  cause  for  continuance  or 
postponement  of  the  cause  when  called  for  trial,  except  to  be  allowed 
in  the  discretion  of  the  court,  upon  cause  shown  or  upon  matters  within 
the  knowledge  or  information  of  the  judge,  to  be  stated  on  the  record. 

50.  No  attorney  or  other  officer  of  the  court  shall  be  surety  in  any 
cause  pending  in  the  court,  except  under  special  leave  of  court. 

51.  Any  attorney  who  shall  bring  a  fictitious  suit  as  an  experiment 
to  get  an  opinion  of  the  court,  or  who  shall  file  any  fictitious  pleading 
in  a  cause  for  such  a  purpose,  or  shall  make  statements  in  pleading, 
presenting  a  state  of  case  which  he  knows  to  be  groundless  and  false, 
for  the  purpose  of  securing  a  delay  of  the  trial  of  the  cause,  shall  be 
held  guilty  of  a  contempt;  and  the  court,  of  its  own  motion,  or  at  the 
instance  of  any  party,  will  direct  an  inquiry  to  ascertain  the  facts. 

52.  After  the  court  has  pronounced  its  opinion  upon  a  question  made 
no  further  argument  will  be  heard;  but  if  counsel  think  the  court  has 
fallen  into  error  as  to  law  or  fact  they  may  submit  a  statement  in  writ- 
ing, which  the  court  will  receive  and  consider. 


TEXAS  CIVIL  FORM  BOOK.  755 

BILLS  OF  EXCEPTION. 

53.  There  shall  be  no  bills  of  exception  taken  to  the  judgments  of 
the  court,  rendered  upon  those  matters,  which,  at  common  law,  consti- 
tute the  record  proper  in  the  case,  as  the  citation,  petition,  answer,  and 
their  supplements  and  amendments,  and  motions  for  a  new  trial,  or  in 
arrest  of  judgment  and  final  judgment. 

54.  The  charges  of  the  court  that  are  given,  and  those  asked  that 
are  refused,  when  signed  by  the  judge  and  iiled  by  the  clerk,  being  made 
thereby  a  part  of  the  record  by  statute,  should  not,  in  civil  causes,  be 
made  a  part  of  a  bill  of  exceptions. 

55.  The  rulings  of  the  court  upon  applications  for  continuance  and 
for  change  of  venue,  and  other  incidental  motions,  and  upon  the  admis- 
sion or  rejection  of  evidence,  and  upon  other  proceedings  in  the  case  not 
embraced  in  the  two  preceding  rules,  when  sought  to  be  complained  of 
as  erroneous,  must  be  presented  in  a  bill  of  exceptions,  signed  by  the 
judge  and  filed  by  the  clerk,  or  otherwise  made  according  to  the  statute1, 
and  they  will  thereby  become  a  part  of  the  record  of  the  cause,  and  not 
otherwise. 

56.  Exceptions  to  evidence,  admitted  over  objections  made  to  it  on 
the  trial,  may  be  embraced  in  the  statement  of  facts,  in  connection  with 
the  evidence  objected  to,  provided  the  statement  of  facts  be  presented 
to  the  judge  within  the  time  allowed  for  presenting  bills  of  exceptions, 
and  be  filed  in  term  time. 

57.  Exceptions  to  the  admission  of  evidence  on  the  trial,  where  no 
reason  is  assigned  for  objecting  to  it,  shall  not  l)e  sustained  where  the 
evidence  is  obviously  competent  and  admissible,  as  tending  to  prove 
any  of  the  facts  put  in  issue  in  the  pleadings;  and  in  all  cases  the  court, 
when  deemed  necessary,  may  call  upon  the  party  offering  the  evidence  to 
explain  the  object  of  its  admission,  and  also  upon  the  party  excepting, 
the  reason  of  his  objections,  which,  when  done  in  either  or  both  cases, 
may  form  a  part  of  the  bill  of  exceptions. 

58.  Exceptions  to  the  admission  of  evidence,  where  the  ground  of 
objection  is  assigned,,  shall  be  considered  in  reference  to  the  objection 
made  to  it,  and  the  objection  shall  be  stated  in  the  bill  of  exceptions 
taken  to  its  admission  or  exclusion. 

59.  Bills  of  exception   must  state  enough  of  the  evidence,  or   facts 
proved  in  the  case  to  make  intelligible  the  ruling  of  the  court  exeepted 
to  in  reference  to  the  issue  made  by  the  pleadings. 

60.  When  exception?  are  made  to  the  admission  or  exclusion  of  the 
evidence  on  the  trial  before  the  court  or  lx>fore  the  jury,  the  exceptions 
will  be  then  decided,  after  such  argument  as  the  court  may  allow,  and 
a  memorandum  of  the  point  ruled  on  will  then  l>e  made  by  the  judge, 
if  the  bills  of  exception  are  not  then  prepared  and  signed,  which  ordi- 
narily should  be  done. 

CHARGE   OF   THE   COURT. 

61.  When   the  pleading  of  either  or   both   parties  contains  several 
combinations  of  facts,  either  together  or  in  several  counts  or  pleas,  each 


756  TEXAS  CIVIL  FORM  BOOK. 

of  which  constitutes  a  cause  of  action  or  ground  of  defense,  and  is 
sufficiently  supported  by  the  evidence  to  require  a  charge,  and  upon 
which  an  issue  has  been  formed,  the  charge  should  be  so  framed  as  to 
present  to  the  jury  and  require  a  finding  by  them  upon  the  issue  made, 
upon  each  of  said  combinations  of  facts  so  contained  in  the  pleadings, 
which  may  be  necessary  to  a  decision  of  the  case. 

62.  When  a  full  charge  upon  the  issues  has  been  made,  so  far  as  the 
evidence   adduced   tending   to   establish    them   may   require,    the   court 
should  not  encourage  the  asking  of  additional  charges  covering  the  same 
ground  substantially,  and  charges  asked  and  not  given  should  not  be 
read  in  the  hearing  of  the  jury,  or  taken  by  the  jury  in  their  retirement. 

JUDGMENT. 

63.  The  entry  of  the  judgment  should  carefully  recite  the  finding 
of  the  jury,  or  the  several  findings,  if  more  than  one,  upon  which  the 
judgment  of  the  court  is  based. 

64.  The  entry  of  the  judgment  shall  contain  the  full  names  of  the 
parties,  as  stated  in  the  pleadings,  for  and  against  whom  the  judgment 
is  rendered. 

65.  Judgments  rendered  upon  questions  raised  upon  citations,  plead- 
ings and  all  other  proceedings,  constituting  the  record  proper  as  known 
at  common  law,  must  be  entered  at  the  date  of  each  term  wh^n  pro- 
nounced. 

66.  A  cause  that  has  been  submitted  for  trial  to  the  judge  on  the  law 
and  facts  shall  be  determined  and  judgment  rendered  therein  during  the 
term  at  which  it  has  been  submitted,  and  at  least  two  days  before  the 
end  of  the  term,  if  it  has  been  tried  and  submitted  one  day  before  that 
time,  unless  it  is  continued  after  such  submission  for  trial,  by  the  con- 
sent of  the  parties  placed  on  the  record,  and  in  such  event  a  statement 
of  facts  and  bills  of  exception  shall  be  prepared  and  filed  upon  a  re- 
quest in  writing  by  either  party. 

MOTIONS  FOR  NEW   TRIAL  AND  IN  ARREST  t)F   JUDGMENT. 

67.  Each  ground  of  a  motion  for  a  new  trial  or  in  arrest  of  judgment 
shall  briefly  refer  to  that  part  of  the  ruling  of  the  court,  charge  given  to 
the  jury,  or  charge  refused,  admission  or  rejection  of  evidence,  or  other 
proceedings  which  are  designed  to  be  complained  of,  in  such  way  as  that 
the  point  of  objection  can  be  clearly  identified  and  understood  by  the 
court. 

68.  Grounds  of  objections  couched  in  general   terms  —  as  that   the 
court  erred  in  its  charge,,  and  in  sustaining  or  overruling  exceptions  to 
the  pleadings,  and  in  excluding  or  admitting  evidence,  the  verdict  of  the 
jury  is  contrary  to  the  evidence,  the  verdict  of  the  jury  is  contrary  to 
law,  and  the  like  —  shall  not  be  considered  by  the  court. 

69.  When  the  case  is  determined  by  the  judge  without  a  jury,  counsel 
in  making  a  motion  for  new  trial  shall  specify  succinctly  the  supposed 


TEXAS  CIVIL  FORM  BOOK.  757 

errors  of  law  or  fact,  or  both,  into  which  the  judge  has  fallen,  as  far  at 
may  be  practicable  to  do  so. 

70.  In  motions  for  continuance,  for  the  change  of  venue,  and  other 
preliminary  motions  made  and  filed  in  the  progress  of  the  cause,  the 
rulings  of  the  court  thereon  shall  l>e  considered  as  acquiesced  in,  unless 
presented  in  a  bill  of  exceptions;  and  the  rulings  thereon  shall  be  made 
a  ground  of  objection  in  motions  for  new  trial  or  in  arrest  of  judgment, 
if  they  are  desired  to  be  relied  on  as  grounds  of  error. 

71.  Motions  for  new  trial  and  in  arrest  of  judgment  shall  be  deter- 
mined on  motion  day  of  each  week  of  the  term,  unless  postponed  to  the 
next  motion  day,  or,  for  good  cause  shown,  to  a  sul>sequent  day,  and  not 
later  than  two  entire  days  before  the  adjournment  of  the  court,  at  which 
time  all  such  motions  previously  filed  shall  be  determined. 

THE  STATEMENT  OF  FACTS. 

72.  "Where  the  evidence  adduced  upon  the  trial  of  a  cause  is  sufficient 
to  establish  a  fact  or  facts  alleged  by  either  party,  the  testimony  of  wit- 
nesses, and  the  deeds,  wills,  records,  or  other  written  instruments,  ad- 
mitted as  evidence,  relating  thereto,  should  not  be  stated  or  copied  in 
detail  into  a  statement  of  facts,  but  the  facts  thus  established  should  be 
stated  as  facts  proved  in  the  case;  provided,  an  instrument,  such  as  a 
note  or  other  contract,  mortgage  or  deed  of  trust,  that  constitutes  the 
cause  of  action,  on  which  the  petition,  or  answer,  or  cross-bill,  or  inter- 
vention is  found,  may  be  copied  once  in  the  statement  of  facts. 

73.  When  there  is  any  reasonable  doubt  of  the  sufficiency  of  the  evi- 
dence to  constitute  proof  of  any  one  fact  under  the  preceding  rule,  there 
may  then  be  inserted  such  of  the  testimony  of  the  witnesses  and  written 
instruments,  or  parts  thereof,  as  relate  to  such  facts. 

74.  When  it  becomes  necessary  to  insert  in  a  statement  of  facts  any 
instrument  in  writing,  the  same  shall  be  copied  into  the  statement  of 
facts  before  it  is  signed  by  the  judge,  and  instruments  therein  only  re- 
ferred to  and  directed  to  be  copied  shall  not  be  deemed  a  part  of  the 
record. 

75.  Where  there  is  no  dispute  about,  or  question  made  upon,  the 
validity  or  correctness  in  the  form  of  a  deed,  or  its  record,  a  will  or  its 
probate,  record  of  a  court,  or  any  written  instrument  adduced  in  evi- 
dence, it  should  be  described    (and  not  copied),  or  its  legal  effect  as 
evidence  stated,  as  a  fact  established. 

76.  When  questions  are  raised  on  such  instruments  as  are  mentioned 
in  the  preceding  rules,  only  so  much  or  such  parts  of  them  shall  be 
copied  into  the  statement  of  facts  as  may  l>e  necessary  to  present  the 
question,  and  the  balance  of  them  shall  only  be  described,  or  presented, 
as  prescribed  in  the  preceding  rule. 

77.  The  commissions,  notices  and   interrogatories  in  deposition,  ad- 
duced in  evidence,  shall  in  no  case  be  inserted  or  copied  into  a  statement 
of  facts,  but  the  evidence  thus  taken  and  admitted  shall  appear  in  the 


758  TEXAS  CIVIL  FORM  BOOK. 

statement  of  facts,  in  the  same  manner  as  though  the  witness  had  been  on 
the  stand  in  giving  his  evidence,  and  not  otherwise,  in  form  or  substance. 

78.  Xeither  the  notes  of  a  stenographer  taken  upon  the  trial,  nor  a 
cepy  thereof  made  at  length,  shall  be  filed  as  a  statement  of  facts;  but 
the  statement  made  therefrom  shall  be  condensed  throughout  in  accord- 
ance with  the  spirit  of  the  foregoing  rules  upon  this  subject. 

CLERKS. 

79.  The  clerks  of  the  district  and  county  courts  shall  keep  a  court 
docket,  in  a  well-bound  book,  ruled  into  columns,  in  which  they  shall 
enter,  in  the  first  column,  number  of  case,  and  name  of  attorney ;  second, 
names  of  the  parties;  third,  nature  of  the  action;  fourth,  the  pleas; 
fifth,  rulings  of  former  terms;  sixth,  the  motions  and  rulings  of  the 
present  term. 

80.  The  cases  shall  be  placed  on  the  docket  as  they  are  filed. 

81.  The  clerk  shall  at  each  term  make  out  two  copies  of  this  docket, 
oac  for  the  use  of  the  court,  and  one  for  the  use  of  the  bar. 

82.  In  preparing  the  court  docket,  it  shall  be  the  duty  of  the  clerk  to 
designate  the  suits  by  regular  consecutive  numbers,  called  file  numbers, 
and  he  shall  mark  on  each  paper  in  even-  case,  the  file  number  of  the 
cause. 

83.  In  every  case  appealed  to  a  court  of  civil  appeals,  the  clerk  shall, 
in  making  up  the  docket  at  each  succeeding  term,  keep  the  said  cause  in 
its  proper  place  on  the  docket  for  disposition  after  being  decided ;  and  at 
the  next  term  after  issuing  a  writ  of  error,  the  clerk  shall  replace  the 
cause  on  the  docket,  with  its  original  file  number. 

84.  In  making  a  complete  record,  as  prescribed  by  statute,  all  the 
proceedings  in  the  case  shall  be  entered  in  the  order  of  time  in  which 
they  occur ;  provided,  amended  pleadings  shall  take  the  place  of  those  for 
which  they  are  substituted,  and  the  pleading  thus  superseded   (except 
such  as  are  specified  in  rule  14),  and  those  that  are  abandoned  as  shown 
by  an  order«or  judgment  of  the  court,  shall  be  left  out  of  the  record. 

TRANSCRIPT  OX  APPEAL  OR  WRIT  OF  ERROR. 

85.  In  making  a  transcript,  the  proceedings  shall  be  entered  in  the 
order  of  time  in  which  they  occurred,  as  prescribed  in  the  preceding  rule, 
unless,  with  the  approval  of  the  judge,  counsel  on  each  side  shall  agree  in 
writing,  to  be  itself  filed  and  copied  in  the  transcript,  directing  the  clerk 
which  of  the  papers  may  be  left  out,  as  being  useless  in  the  decision  of 
the  case ;  provided,  subprenas  shall  not  be  inserted,  nor  shall  the  citations, 
in  cases  where  the  defendant  or  defendants  have  filed  answers,  unless 
some  question  is  made  upon  them  which  will  require  them  to  be  copied. 

86.  All  bills  of  exceptions  and  statements  of  facts  shall  be  literally 
transcribed;  and  the  clerks  are  hereby  prohibited  from  copying  as  parts 
of  the  same  any  instrument  in  writing,  or  document  not  originally  in- 
serted therein,  but  merely  referred  to  and  directed  to  be  copied  from 
some  other  paper  in  the  case. 


TEXAS  CIVIL  FORM  BOOK.  759 

87.  In  copying  the  proceedings  inserted  in  the  transcript,  there  shall 
be  a  space  left  between  them,  so  that  each  one  can  readily  be  distin- 
guished. 

88.  On  the  left  hand  margin  of  the  page  of  each  proceeding  the  clerk 
shall  note  its  name,  and  the  date  of  its  occurring  or  being  filed.     This 
may  be  dispensed  with  in  printed  transcripts;  but  in  all  cases  the  clerk 
shall  copy,  in  connection  with  each  paper  filed,  the  file  mark  subscribed 
or  indorsed  thereon. 

89.  The  pages  shall  be  numbered  at  the  bottom,  on  the  left  hand  of 
each  page. 

90.  The  transcript  may  be  either  written  or  printed.     If  written,  it 
shall  be  on  good  white  paper,  with  black  ink,  in  a  plain,  round  hand,  not 
confused  by  running  words  together  or  by  flourishes,  and  with  sufficient 
space  between  the  lines  to  be  easily  read,  and  on  one  side  only  of  each 
sheet  of  paper,  with  no  sheets  cut  or  mutilated,  and  the  sheets  shall  be 
entire  and  filled  with  writing,  so  as  to  leave  no  blanks  larger  than  the 
i-rdinary  spaces  left  between  the  different  proceedings  to  distinctly  sepa- 
rate them;  and  all  the  sheets  upon  which  it  is  written  shall  be  fastened 
together  at  the  upper  end  with  tape,  ribbon,  or  something  of  the  kind, 
and  sealed  over  the  tie  with  the  seal  of  the  court.    When  the  transcript 
is  printed  it  must  be  on  both  sides  of  the  paper,  in  not  less  than  small 
pica  type,  bound  and  paged  in  pamphlet  form,  of  octavo  size,  and 
fastened  at  the  back  with  the  tie  and  seal  of  the  court;  but  in  oihcr 
respects  shall  conform  to  the  rules  laid  down  for  written  transcripts. 

91.  The  caption  of  the  transcript  shall  be  in  the  following  form,  to 
wit: 

•"  THE  STATE  OF  TEXAS, 

"  County  of 

"At  a  term  of  the  District  [or  County]  Court,  begun  and  holden 

.at ,  within  and  for  the  county  of ,  before  the  Hon. 

,  and  ending  on  the  ....  day  of ,  A.  D ,  the 

following  case  came  on  for  trial,  to  wit: 

"  A.  B.,  plaintiff, 

v. 
"  C.  D.,  defendant." 

92.  There  shall  be  an  index  on  the  first  pages  preceding  the  caption, 
giving  the  name  and  page  of  each  proceeding,  including  the  name  and 
page  of  each  instrument  in  writing  and  agreement,  and  the  testimony  of 
each  witness  in  the  statement  of  facts,  as  it  appears  in  the  transcript. 
The  index  shall  not  be  alphabetical,  but  shall  conform  to  the  order  in 
which  the  proceedings  appear  as  transcril>ed. 

93.  The  transcript  shall  contain  a  bill  of  costs,  regularly  made  out 

and  copied. 

94.  It  shall  conclude  with  a  certificate,  under  the  seal  of  the  court, 
that  it  contains  a  true  copy  of  all  the  proceedings  in  the  cause,  and  shall 
be  dated  and  signed  officially  by  the  clerk. 


760  TEXAS  CIVIL  FORM  BOOK. 

95.  The  clerk  having  made  a   transcript,  upon  the  application  of 
either  party  or  his  counsel,  as  prescribed  in  case  of  appeal,  and  in  case  of 
writ  of  error,  as  directed  by  law,  shall  deliver  it  to  such  party  or  his 
counsel  when  so  made  out,  on  demand,  such  delivery  as  to  the  appellant 
or  plaintiff  in  error  to  be  made  to  him  or  his  counsel  within  sixty  days 
from  the  perfection  of  the  appeal  or  the  service  of  the  writ  of  error. 

96.  The  notice  of  appeal  and  giving  a  bond  on  an  appeal,  and  the 
filing  of  a  petition  and  bond  for  writ  of  error,  and  the  service  of  cita- 
tions, will  be  regarded  as  an  application  to  the  clerk  to  prepare  at  once  a 
transcript  of  the  record  for  the  appellant,  or  plaintiff  in  error,  without 
further  application. 

97.  The  appellee,  or  defendant  in  error,  or  his  counsel,  to  be  entitled 
to  a  transcript  of  the  record,  shall  specially  make  an  application  to  the 
clerk  to  make  it  out  for  him. 

98.  The  clerk,  having  prepared  a  transcript,  shall  indorse  upon  it  as 
follows,  to  wit : 

"  J.  K.,  Appellant,  or  Plaintiff  in  Error, 

v. 

"  N".  M.,  Appellee,  or  Defendant  in  Error. 
"  From County." 

And  on  delivery  of  it  to  the  party,  or  to  his  counsel,  who  had  applied 
for  it,  he  shall  in  all  cases  indorse  upon  it,  before  it  finally  leaves  his 
hands,  as  follows: 

"  Applied  for  by  P.  S.  on  the  ....  day  of ,  A.  D ,  and 

delivered  to  P.  S.  on  the  ....  day  of .,  A.  D ,"  and  shall 

sign  his  name  officially  thereto.     The  same  indorsement  shall  be  made 
on  certificates  for  affirmance  of  the  judgment. 

99.  Unless  when  specially  directed  by  statute,   the  clerk  of  a  trial 
court  is  not  bound  to  transmit  any  transcript  to  a  court  of  civil  appeals. 

100.  When  the  clerk  shall  have  presented  a  transcript  for  examina- 
tion to  the  party  or  his  counsel  who  has  applied  for  it,  and  it  is  found, 
in  any  particular  whatever,  to  have  been  made  out  in  violation  of  any 
of  the  preceding  requirements,  he  shall  be  at  liberty  to  return  it  as  not 
being  a  complete  and  properly  prepared  transcript,  in  time  for  correc- 
tion by  the  clerk.    And  the  reception  of  it  by  the  party  or  his  counsel, 
without  being  so   returned   for  such  purpose,  will  be  regarded  as  an 
assumption  by  him  of  all  the  responsibility  for  any  and  all  deficiencies 
found  in  the  transcript,  resulting  from  the  violation  of  these  rules  or  of 
Ihe  statutes. 

ASSIGNMENTS  OF  ERRORS. 

101.  The  appellant  or  plaintiff  in  error  shall  file  his  assignments 
of  error  in  the  trial  court  as  prescribed  by  statute;  and  the  appellee  or 
defendant  in  error  may  file  cross-assignments  with  the  clerk  of  the  trial 
court  when  he  files  his  brief,  which  assignments  may  be  incorporated  in 
his  brief  and  need  not  be  copied  in  the  transcript.     In  such  case  one  of 


TEXAS  CIVIL  FORM  BOOK.  761 

the  copies  filed  in  the  courts  of  civil  appeals  shall  contain  a  certificate 
of  the  clerk  of  the  trial  court  showing  that  it  is  a  copy  of  the  brief  filed 
in  his  office,  and  the  date  of  its  filing. 

BRIEFS. 

102.  Appellant  or  plaintiff  in  error  shall  file  a  copy  of  his  brief  in 
the  trial  court  as  directed  by  statute,  which  shall  be  received  by  the 
clerk,  and  he  shall  indorse  upon  it  his  filing,  with  the  date  of  its 
delivery  to  him,  and  keep  it  among  the  papers  of  the  cause,  subject  to 
inspection,  in  his  office,  by  any  of  the  parties  or  their  counsel,  and  shall, 
upon  request,  deliver  a  certified  copy  of  it,  and  of  his  filing,  with  its 
date;  or  if  copies  thereof  shall  be  presented  to  him,  he  shall  certify 
thereto  for  the  party  requesting  it,  but  it  shall  not  be  copied  in  the 
transcript. 

JURISDICTION  OF  THE  DISTRICT  COURT  OVER  APPEALS  OR  WRITS  OF  ERROR. 

103.  When  there  shall  be  no  bond  or  affidavit  filed  the  appeal  or  writ 
of  error  shall  be  considered  as  abandoned. 

104.  When  no  transcript  of  the  record  or  no  certificate  for  affirm- 
ance has  been  filed  in  a  court  of  civil  appeals,  at  the  term  of  the  court 
to  which  the  appeal  or  writ  of  error  in  which  citation  has  been  served 
is  returnable,  the  appeal  or  writ  of  error  shall  be  considered  as  aban- 
doned, of  which  the  certificate  of  the  proper  clerk  of  the  appellate  court, 
given  at  the  end  of  said  term,  that  no  such  case  has  been  filed  in  said 
court,  shall  be  prima  facie  evidence. 

105.  Rules  for  the  government  of  the  district  and  county  courts, 
heretofore  made  and  published,  shall  be  superseded  from  and  after  the 
time  when  these  rules  shall  go  into  effect. 

RULES    OF    THE    DISTRICT    COURT   IN    APPEALS    IN    ADMINISTRATION    CASES 
FROM  THE  COUNTY   COURT. 

106.  Motions  to  dismiss  appeals  shall  be  placed  on  the  motion  docket 
and  determined  as  other  motions. 

107.  Motions  for  certiorari  to  perfect  the  record  shall  be  accompanied 
by   a   sworn  statement,  showing  in  what   particular  the  transcript  is 
defective,  unless  it  shall  sufficiently  appear  by  the  record  itself.     The 
cost  of  the  motion  and  additional  record,  and  of  the  term,  if  it  causes 
a  continuance  of  the  case,  shall  be  taxed  against  the  appellant,  whose 
duty  it  is  to  have  a  correct  record  filed,  at  the  discretion  of  the  court. 

108.  In  appeals  from   the  county  court   in  cases  pertaining  to  the 
estates  of  deceased  persons,  the  transcript  shall  not  contain  anything 
which  does  not  relate  to  the  order,  decision  or  judgment  appealed  from. 
Where  the  appeal  has  been  taken  by  the  same  person  from  more  than 
one  order,  decision  or  judgment  entered  of  record  in  the  same  estate,  at 
the  same  term  of  the  county  court,  all  of  the  proceedings  in  each  appeal 
being  kept  distinct,  may  be  embraced  in  the  same  transcript. 


762  TEXAS  CIVIL  FORM  BOOK. 

RULES  GOVERNING  IN  CRIMINAL  CASES  IN  COUNTY  AND  DISTRICT  COURTS. 

109.  The  clerks  of  the  district  and  county  courts  shall  record  the 
proceedings  had  in  their  courts  in  the  order  of  time  in  which  they 
occur. 

110.  The  record  should  show,  and  it  should  appear  in  the  transcripts 
of  the  record  for  the  Court  of  Criminal  Appeals  : 

First.  That  the  indictment  was  presented  in  open  court,  a  quorum 
of  the  grand  jury  being  present. 

Second.  That  the  defendant  pleaded  to  the  indictment,  or  that  a  plea 
was  entered  for  him. 

Third.  In  capital  felonies,  that  the  defendant  was  arraigned  and 
pleaded,  or  that,  upon  his  refusal  to  plead,  a  plea  was  entered  by  the 
court. 

Fourth.  That  the  jury  trying  the  cause  was  impaneled  and  sworn 
according  to  law. 

Fifth.  That  a  final  judgment  was  entered  in  the  cause. 

111.  Transcripts  of  the  record  for  the  Court  of  Criminal  Appeals 
shall  not  be  encumbered  with  copies  of  capiases,  bonds,  recognizances, 
subpoenas,  attachments  for  witnesses,  or  any  of  the  proceedings  had  on 
a  former  trial,  where  a  new  trial  has  been  granted,  unless  there  is  some 
question  expressly  raised  on  the  trial,  with  reference  to  such  proceedings, 
uhich  requires  revision  in  the  Court  of  Criminal  Appeals,  or  in  scire 
facias  cases,  on  appeal  or  writ  of  error. 

112.  In  preparing  transcripts  the  following  order  shall  be  observed, 
to  wit: 

First.  The  index,  which  must  refer  to  the  proceedings  in  the  order 
they  appear  in  the  record. 

Second.    The  caption,  which  shall  be  as  follows  :     "  The   State  of 
Texas,  county  of  ........     At  a  term  of  the  .......  Court,  begun  and 

holden  within  and  for  the  county  of  ........  ,  at  ........  ,  on  the  .... 

day  of  ......  ,  A.  D  .....  ,  and  which  adjourned  on  the   ....   day  of 

......  ,  A.  D  .....  ,  the  Hon  .............  ,  judge  thereof,  presiding, 

the  following  cause  came  on  for  trial,  to  wit: 

The  State  of  Texas 
Xo.  .  .  v. 


Third.    The  time  and  manner  of  the  presentation  of  indictment. 
Fourth.    The  indictment  or  information. 
Fifth.    The  pleas  of  defendant. 
Sixth.    The  verdict  and  judgment. 
Seventh.    The  statement  of  facts. 
Eighth.    The  charge  of  the  court. 
Ninth.    The  charges  refused. 
Tenth.    Bills  of  exception. 

Eleventh.    Motion  for  new  trial,  and  motion  in  arrest  of  judgment, 
and  notice  of  appeal. 


TEXAS  CIVIL  FOBM  BOOK.  763 

Twelfth.  Such  other  pleas,  motions  and  orders  as  are  made  during 
the  trial  of  the  cause. 

Thirteenth.  Final  judgment  [or  in  a  misdemeanor  case  the  recog- 
nizance or  statement  that  defendant  is  in  jail]. 

Fourteenth.  Assignment  of  errors,  if  any  are  filed,  and  request,  if 
any,  to  send  transcript  to  a  branch  of  the  court  other  than  that  to  which 
the  appeal  is  returnable. 

Fifteenth.  Certificate  of  the  clerk,  under  the  seal  of  the  court,  which 
shall  certify  that  the  transcript  contains  a  true  copy  of  all  the  proceed- 
ings had  in  the  cause. 

113.  In  preparing  the  transcript  the  following  directions  must  also 
be  observed:    It  shall  be  written  on  good  paper,  on  one  side  only,  in 
a  neat,  legible  hand,  free  from  erasures  and  interlineations,  leaving  a 
margin  of  sufficient  width,  in  which  margin  the  clerk  shall  note  the 
name  of  each  proceeding,  and  the  time  of  its  occurring  or  being  filed, 
and  at  the  left-hand  lower  corner  mark  the  number  of  each  page.     At 
the  end  of  each  paper  must  be  copied  the  file  marks  indorsed  thereon, 
and  a  space  should  be  left  between  the  record  of  each  separate  paper 
or  proceeding. 

114.  The  transcript  must  be  fastened  at  the  upper  end  with  tape  or 
ribbon,  and  sealed  over  the  tie  with  the  seal  of  the  court,  and  folded  and 
indorsed  as  follows : 

"A.  B.,  Appellant, 

v. 

"The  State,  Appellee. 
"  From  County  District  [or  County  Court],  A.  D " 

115.  The  statement  of  facts  must  contain  a  full  and  complete  state- 
ment of  all  facts  in  evidence  on  the  trial  of  the  cause,  including  copies 
of  all  papers,  documents,  and  exhibits  adduced  in  evidence,  also  the 
proof  of  venue  and  identification  of  defendant. 

116.  The  transcript  of  the  record,  where  defendant  has  been  con- 
victed of  a  misdemeanor,  must  be  delivered  to  the  party  appealing,  or 
his  counsel,  but  if  not  applied  for  before  the  twentieth  day  before  the 
commencement  of  the  term  of  the  Court  of  Criminal  Appeals  to  which 
the  appeal  is  returnable,  the  clerk  shall  transmit  the  same  by  mail, 
paying  the  postage  thereon  to  the  clerk  of  the  Court  of  Criminal  Appeals. 

117.  Transcripts   of  the   record,    where  defendants   have   been   con- 
victed of  a  felony,  shall  be  prepared  withjn  twenty  days  after  the  ad- 
journment of  the  court,  and  sent  by  mail,  postpaid,  to  the  clerk  of  the 
Court  of  Criminal  Appeals,  at  the  branch  to  which  the  appeal  is  return- 
able.   But  where  the  defendant  or  his  counsel  directs  the  transcript  to 
He  sent  to  a  branch  of  the  court  where  the  term  is  held  before  the  term 
to  which  the  appeal  is  returnable  by  law,  the  clerk  shall  so  transmit  it, 
and  send  with  such  transcript  a  certified  copy  of  such  order  or  direction. 

118.  The  clerk  shall,  immediately  after  the  adjournment  of  the  court 
at  which  appeals  in  criminal  cnsos  are  taken. make  out  n  certificate  under 


764  TEXAS  CIVIL  FORM  BOOK. 

his  seal  of  office,  exhibiting  a  list  of  all  such  cases  where  the  defendant 
has  appealed.  This  certificate  shall  show  the  style  of  the  cause  upon 
the  docket,  the  offense  of  which  the  defendant  stands  convicted,  the  day 
on  which  the  judgment  was  rendered,  and  the  day  on  which  the  appeal 
was  taken,  which  list  he  shall  transmit  to  the  Attorney-General  at 
Austin. 

119.  It  shall  be  the  duty  of  the  district  and  county  attorneys  to  see 
that  the  judgments  in  criminal  cases  are  properly  entered  by  the  clerks, 
and,  when  practicable,  they  should  be  present  when  the  minutes  are  read. 

GENERAL   RULES. 

1.  Any  supposed  violation  of  the  rules  prescribed  in  the  conduct  of 
a  cause,  to  the  prejudice  of  a  party,  may  be  reserved  by  bill  of  exception, 
presented  as  a  ground  for  new  trial,  and  assigned  as  error  by  the  party 
who  may  conceive  himself  aggrieved  by  such  supposed  violation. 

2.  The  foregoing  rules  shall  go  into  effect  and  be  in  force  in  all  the 
courts  of  the  State,  to  which  they  are  applicable,  from  and  after  this 
date  (October  8,  1892) ;  but  shall  not  affect  cases  pending  in  the  Supreme 
Court  at  the  time  of  the  organization  of  the  courts  of  civil  appeals, 
which  cases  shall  be  controlled  by  the  rules  for  the  government  of  the 
Supreme  Court  at  the  time  the  appeals  in  such  cases  were  perfected. 
Except  as  to  such  cases,  all  former  rules  are  hereby  superseded. 

CLERK'S  OFFICE,  SUPREME  COURT, 
AUSTIN,  TEXAS,  November  1,  1902. 

I,  F.  T.  Connerly,  clerk  of  the  Supreme  Court  of  Texas,  hereby  certify 
that  the  above  and  foregoing  thirty-six  pages  contain  a  true  and  correct 
copy  of  the  rules  adopted  by  this  court  on  the  8th  day  of  October,  1892, 
together  with  all  amendments  made  thereto  up  to  this  date  for  the 
government  of  the  courts  of  Texas.  I  further  certify  that  all  of  said 
rules  and  amendments  are  now  in  force  and  effect. 

WITNESS  MY  HAND  and  the  seal  of  said  court  this  the  first  day  of 
November,  A.  D.  1902. 
(Seal.)  F.  T.  COXXERLY,  Clerk. 

APPELLATE  JURISDICTION  OF  SUPREME  COURT. 
SUPREME  COURT  —  WRITS  OF  ERROR  TO  COURTS  OF  CIVIL  APPEALS. 

SECTION  1.  Be  it  enacted  by  tlie  Legislature  of  the  State  of  Texas: 
That  article  101  la  of  the  Revised  Civil  Statutes  of  Texas,  as  amended 
by  chapter  14  of  the  acts  of  the  special  session  of  the  Twenty-second 
Legislature,  be  amended  so  as  to  read  as  follows: 

Article  lOlla.  All  cases  shall  be  carried  up  to  the  Supreme  Court 
by  writs  of  error  upon  final  judgment,  and  not  on  judgments  reversing 
and  remanding  cases,  except  in  the  following  cases,  to  wit : 

1.  Where  the  State  is  a  party  or  where  the  railroad  commissioners 
are  parties. 


TEXAS  CIVIL  FOBM  BOOK.  765 

2.  Cases  which  involve  the  construction  and  application  of  the  Con- 
stitution of  the  United  States  or  of  the  State  of  Texas,  or  of  an  act  of 
Congress. 

3.  Cases  which  involve  the  validity  of  a  statute  of  the  State. 

4.  Cases  involving  the  title  to  a  State  office. 

5.  Cases  in  which  a  court  of  civil  appeals  overrules  its  own  decision 
or  the  decision  of  another  court  of  civil  appeals  or  of  the  Supreme 
Court. 

6.  Cases   in   which   the   judges   of   any   court   of  civil    appeals   may 
disagree. 

7.  Cases  in  which  any  two  of  the  courts  of  civil  appeals  may  hold 
differently  on  the  same  question  of  law. 

8.  When  the  judgment  of  the   Court  of  Civil   Appeals   reversing  a 
judgment  practically  settles  the  case,  and  this  fact  is  shown  in  the  peti- 
tion for  writ  of  error,  and  the  attorneys  for  petitioners  shall  state  that 
the  decision  of  the  Court  of  Civil  Appeals  practically  settles  the  case, 
in  which  case,  if  the  Supreme  Court  affirms  the  decision  of  the  Court  of 
Civil  Appeal?,  it  shall  also   render  final  judgment  accordingly. 

Whereas,  there  are  a  great  number  of  bills  now  pending,  and  the  ses- 
sion is  nearing  its  close,  therefore,  there  exists  an  imperative  public 
necessity  and  emergency  that  the  constitutional  rule  requiring  bills  to 
be  read  on  three  several  days  be  suspended,  and  that  this  act  take  effect 
from  and  after  its  passage,  and  it  is  so  enacted. 

Approved  May  6,  1895. 

PROCEDURE    TO    OBTAIN    WRIT    OF    ERROR    IN    SUPREME    COURT. 
SUPREME  COURT WRITS  OF  ERROR  TO  COURTS  OF  CIVIL  APPEALS. 

SECTION  1.  Be  it  enacted  by  the  Legislature  of  the  St>ite  of  Texas: 
That  article  101  Ib  of  the  Ite vised  Civil  Statutes  of  Texas,  as  amended 
by  chapter  14  of  the  acts  of  the  special  session  of  the  Twenty-second 
Legislature,  be  amended  so  as  to  read  as  follows: 

Article  lOllb.  Any  party  desiring  to  sue  out  a  writ  of  error  before 
the  Supreme  Court  shall  present  his  petition  addressed  to  said  court, 
stating  the  nature  of  his  case  and  the  grounds  upon  which  the  writ  of 
error  is  prayed  for,  and  showing  that  the  Supreme  Court  has  jurisdic- 
tion thereof;  and  the  petition  shall  contain  such  other  requisites  as  may 
be  prescribed  by  the  Supreme  Court.  The  petition  shall  be  tiled  with 
the  clerk  of  the  Court  of  Civil  Appeals  within  thirty  days  from  tho 
overruling  of  the  motion  for  rehearing,  and  thereupon  the  said  clerk  of 
the  Court  of  Civil  Appeals  shall  note  upon  bis  record  the  filing  of  said 
application,  and  shall  forward  to  the  clerk  of  the  Supreme  Court  the 
said  application,  together  with  the  original  record  in  the  case,  and  the 
opinions  of  the  Court  of  Civil  Appeals,  and  the  motion  filed  therein,  and 
certified  copies  of  the  judgments  and  orders  of  the  Court  of  Civil 
Appeals;  provided,  that  the  party  applying  for  the  writ  of  error  shall 
deposit  with  the  clerk  of  the  Court  of  Civil  Appeals  a  sum  sufficient  to 


766  TEXAS  CIVIL  FORM  BOOK. 

pay  the  expressage  or  carriage  of  the  said  record  to  and  from  the  clerk 
of  the  Supreme  Court,  which  sum  shall  be  charged  as  costs  in  the  suit. 
If  the  writ  of  error  be  granted  and  the  plaintiff  in  error  has  given  no 
bond,  then  the  Supreme  Court  in  granting  the  writ  shall  specify  what 
bond  shall  be  given,  and  the  plaintiff  in  error  shall  file  said  bond  in  the 
trial  court,  to  be  approved  by  the  clerk  of  said  court,  and  a  certified 
copy  thereof  shall  at  once  be  transmitted  to  the  Supreme  Court,  and 
upon  the  filing  of  said  certified  copy  the  clerk  of  the  Supreme  Court 
shall  issue  the  citation  in  error  as  may  be  prescribed  by  the  rules  of  the 
Supreme  Court. 

Approved  May  6,  1895. 


INDEX 


Form  No.  Page. 

Adoption  of  heir 1                1 

AFFIDAVITS,  OATHS  AND  AFFIRMATIONS. 

Affidavit 2                1 

Affidavit  to  an  account 3               2 

Denial  under  oath  of  verified  account 4 

Complaint  in   lunacy 5 

Oath  of  school  trustee Q              3 

Oath  of  person  rendering  property  for  taxation 174           121 

Affidavit  of  assessor  verifying  his  rolls 175           122 

Bond  of  assessor 1 7rt           1 22 

Oath  of  county  clerk  receiving  envelope,  jurors 177           123 

Oath  of  district  clerk  receiving  envelope,  jurors 178           123 

Oath  of  office  required  by  the  Constitution 179           123 

APPRENTICES. 

Application  for  an  apprentice 7               4 

Citation  for  apprenticing  a  minor 8               4 

Service  of  citation 9              5 

Waiver  of  citation  and  selection  by  minor  over  14 10               5 

Obligation  of  person  to  whom  minor  is  apprenticed 11               « 

Contract   of  apprenticeship 12              fi 

Order  apprenticing  minor 13              7 

ARBITRATION. 

Agreement  of   arbitration 14               8 

Award   of  arbitration 15               9 

Judgment  on  the  award  of  arbitration 16             10 

Application  for  an  appeal  from  award  of  arbitration 17             10 

ALIENS. 

Declaration  of  intention 18             11 

Certificate  of  declaration  of  intention 19 

Petition  and  affidavit  for  final  naturalization  papers 20             12 

Order  admitting  applicant  to  citizenship 21              14 

Certificate  of  naturalization 22             14 

TEMPORARY  ADMINISTRATION. 

Order  appointing  temporary  administrator 23 

Clerk's  certificate  of  tempo'rary  administrator 24 

Oath  of  temporary  administrator 25 

Bond  of  temporary  administrator 2fl 

ADMINISTRATION. 

Application  for  letters  of  administration 

Citation  on  application  for  letters 

Form  of  order  granting  administration 

Bond  and  oath  of  administrator 30 

Letters  of  administration   

Order  appointing  appraisers    

Order  approving  inventory  

Warrant  of  appraisement    34 

[767] 


768  INDEX. 

Form  No.  Page. 

Report  of  appraisers   35  23 

Notice  to  debtors  and  creditors   36  24 

Affidavit  of  publisher 37  24 

Affidavit  to  claim   38  25 

Allowance  of  claim 39  25 

Approval  of  claim 40  26 

Petition  against  administrator  for  establishment  of  claim 41  26 

Order  establishing  claim   42  28 

Order  setting  apart  personal  property  and  family  allowance 43  2& 

Application  for  sale  of  personal  property  44  29 

Notice  of  administrator's  sale   45  30 

Order  to  sell  personal  property 4(i  31 

Application  for  sale  of  real  estate   47  31 

Oath  and  exhibit  accompanying  application   48  32 

Notice  of  application  for  sale  of  real  estate  49  33 

Order  of  sale   50  34 

Notice  of  sale  by  administrator 51  34 

Report  of  sale    52  35 

Order  confirming  sale    53  3(5 

Deed  of  administrator  and  acknowledgment 54  36 

Application  for  specific  performance  under  contract   55  38 

Decree  ordering  specific  performance   56  39 

Application  for  sale  of  real  estate  under  mortgage 57  40 

Order  for  sale  of  real  estate  under  mortgage   58  41 

Application  for  partition  and  distribution   59  42 

Appointment  of  guardian  ad  litem   60  43 

Citation  in  partition  and  distribution  61  43 

Decree  of  partition  62  44 

Report  of  commissioners   63  46 

Order  of  court  approving  report  of  commissioners 64  47 

Appeal  bond  in  matter  of  probate   65  47 

Affidavit  in  lieu  of  appeal  bond  in  probate    66  48 

Petition  of  surety  for  new  bond  and  release 67  49 

Application  for  new  bond 68  50 

Citation  for  new  bond  69  50 

Order  requiring  new  bond 70  51 

Order  discharging  surety  on  bond    71  51 

Clerk's  notice  to  file  account   72  52 

Order  of  removal  of  administrator  without  notice    73  52 

Order  of  removal  of  administrator  with  notice    74  53 

Application  to  resign  as  administrator   75  53 

Exhibit  and  account,  accompanying  said  application   76  54 

Order  approving  exhibit  and  account 77  55 

Order  discharging  administrator    .  .  .  , ". 78  56 

Application  of  administrator  for  final  discharge    79  56 

Annual   account   of  administrator    80  57 

Final  account  of  administrator    81  57 

Notice  on  annual  account    82  58 

Notice  by  publication  of  final  account   83  59 

Affidavit  by  publisher  of  citation   84  60 

Sheriff's  return  on  said  citation   85  60 

Order  on  final  account,  auditing  and  settling  same    86  61 

ADMINISTRATION   OF    COMMUNITY   PROPERTY. 

Application  for  community  administration    87  62 

Order  appointing  appraisers    88  62 

Inventory  and  appraisement    89  63 

Bond  of  survivor    90  64 

Order  approving  inventory,  appraisement  and  list  of  claims 91  64 

ATTACHMENTS. 

Affidavit  for  attachment  in  justice  court   92  66 

Affidavit  for  attachment  in  county  court   93  67 


INDEX.  769 

Form  No.  Page. 

Affidavit  for  attachment,  part  of  the  debt  not  du«  94  «; 

Affidavit  for  attachment  by  corporation  against  firm •'.,  68 

Bond  for  attachment  ;i,;  39 

Bond  for  attachment  against  firm  97  59 

Writ  of  attachment  and  returns  thereon 98  70 

Officer's  return  —  property  in  possession  of  part  owner   99  71 

Return  of  levy  —  stock  running  at  large  100  72 

Notice  of  foregoing  levy  101 

Returns  of  officer  —  interest  of  partner  102  73 

Writ  of  attachment  against  firm 103  73 

Officer's  return  thereon    .    104 

Affidavit  for  attachment  for  property  of  estate 105  74 

Bond  for  attachment  against  executor  106  75 

Order  of  county  judge  to  county  clerk  to  issue  writ 107  75 

Writ  of  attachment  against  executor  and  return 108  78 

Bond  of  indemnity  in  attachment  109  77 

Replevy  bond  in  attachment   1 10  77 

Application  for  sale  of  personal  property Ill  73 

Officer's  return  on  property  delivered  to  claimant 112  79 

Order  of  sale  of  personal  property 113  80 

Return  of  order  of  sale  —  personal  property  1 14  81 

Judgment  for  plaintiff  in  attachment  ....". 115  81 

ABSTRACT  OF  JUDGMENT. 

Abstract  of  judgment   116  83 

Certificate  of  county  clerk  on  same  117  84 

ATTESTATION  OF  RECORDS. 

Of  a  court  of  any  one  State  to  be  used  in  another  State 118  85 

Judge's   certificate  thereon    119  85 

ASSIGNMENTS  FOR  CREDITORS. 

Assignment  under  the  statutes  for  benefit    of    creditors 120  86 

Inventory  of  debtor's  estate  121  87 

Bond  of  assignee 122  88 

Notice  to  creditors  •. .    123  88 

Notice  of  acceptance  by  creditors 124  89 

Creditor's  claim  and  affidavit  to  same   125  90 

ASSIGNMENT  OF  ACCOUNTS,  JUDGMENTS,  ETC. 

Assignment  indorsed  on  instrument    126  90 

Assignment  of  instrument  with  guaranty  of  payment   127  90 

Assignment  of  obligation,  without  guaranty  of  payment   128  91 

Assignment  of  an  account   129  91 

Assignment  of  bond  by  a  separate  instrument 130  91 

Assignment  of  a  debt    131  92 

Assignment  of  mortgage 132  92 

Assignment  of  mortgage  as  collateral  security,  to  be  indorsed  on 

mortgage   .* 133  93 

Assignment  of  a  judgment 134  94 

Assignment  of  a  lease 135  94 

Assignment  of  policy  of  insurance 136  95 

Assignment  «f  a  patent  for  invention    137  95 

Assignment  and  transfer  of  purchase  money    note    and    lien 138  N 

ACKNOWLEDGMENTS. 

Acknowledgment,  single 203  143 

Acknowledgment,  separate  of  the  wife   204  144 

Acknowledgment  of  husband  and  wife   207  145 

Acknowledgment  or  proof  by  witness   224  160 

Acknowledgment  by  sheriff    211  149 

Acknowledgment  by  eonstable    215  151 

Acknowledgment  by  president  of  corporation 215  151 


770  INDEX. 

BANKRUPTCY. 

Form  No.  Page. 
[See  also  index  to  Bankrupt  Law,  p.  785.] 

Debtor's  petition  with  schedules  "A"  and  "  B  "   751%  676 

Partnership   petition    751%  691 

Creditor's  petition    752  693 

Order  to  show  cause  upon  creditor's  petition   753  69-1 

Subpoena  to  alleged  bankrupt 754  694 

Denial  of  bankrupt    755  695 

Order  for  jury  trial 756  695 

Special  warrant  to  marshal    , 757  695 

Bond  of  petitioning  creditor    758  69(5 

Bond  to  marshal    759  697 

Adjudication  that  debtor  is  not  bankrupt  760  698 

Adjudication  of  bankruptcy    761  698 

Appointment,  oath  and  report  of  appraisers 762  699 

Order  of  referee 763  700 

Order  of  referee  in  judge's  absence   764  700 

Referee's  oath  of  office    / 765  701 

Bond  of  referee   766  701 

Notice  of  first  meeting  of  creditors 767  702 

List  of  debts  proved  at  first  meeting 768  702 

General  letter  of  attorney  in  fact  when  creditor  is  not  represented 

by  attorney  at  law 769  703 

Special  letter  of  attorney  in  fact   770  703 

Appointment  of  trustee  by  creditors   771  704 

Appointment  of  trustee  by  referee   772  705 

Notice  to  trustee  of  his  appointment 773  705 

Bond  of  trustee    774  706 

Order  approving  trustee's  bond    775  706 

Order  that  no  trustee  be  appointed 776  707 

Order  for  examination  of  bankrupt   777  707 

Examination  of  bankrupt  or  witness   778  707 

Summons  to  witness    779  708 

Proof  of  unsecured    debt    780  709 

Proof  of  secured  debt    781  709 

Proof  of  debt  due  corporation  782  710 

Proof  of  debt  by  partnership    783  710 

Proof  of  debt  by  agent  or  attorney   784  711 

Proof  of  secured  debt  by  agent 785  712 

Affidavit  of  lost  bill,  or  note   786  712 

Order  reducing  claim   787  713 

Order  expunging  claim 788  713 

List  of  claims  and  dividends  to  be  recorded  by  referee  and  by  him 

delivered  to  trustee        789  714 

Notice  of  dividend   790  714 

Petition  and  order  for  sale  by  auction  of  real  estate 791  715 

Petition  and  order  for  redemption  of  property  from  lien    792  716 

Petition  and  order  for  sale  subject  to  lien  793  716 

Petition  and  order  for  private   sale    794  717 

Petition  and  order  for  sale   of  perishable   property    795  718 

Trustee's  report  of  exempted  property   796  719 

Trustee's  return  of  no  assets  797  719 

Account  of  trustee   798  720 

Oath  to  final  account  of  trustee   799  720 

Order   allowing   account    800  721 

Petition  for  removal  of  trustee   801  721 

Notice  of  petition  for  removal  of  trustee   802  721 

Order  for  removal  of  trustee    803  722 

Order  for  choice  of  new  trustee   804  722 

Certificate  by  referee  to  judge   805  723 

Bankrupt's  petition  for  discharge 806  723 

Order  of  notice  thereon    807  724 

Specifications  of  grounds  of  opposition  to  bankrupt's  discharge 808  725 


INDEX.  771 

Form  No.  Page. 

Discharge  of  bankrupt    . . 809          725 

Petition  tor  meeting  to  consider  composition 810  720 

Applicaiion  for  confirmation  of  composition  811  720 

Order  confirming  composition    812  727 

Order  for  distribution  on  composition 813  727 

BILLS  OF  SALE. 

Bill  of  sale     .' 139  97 

Bill  of  sale  by  sheriff 140  98 

BONDS. 

Bond  for  costs 141  •»-< 

Affidavit  of  inability  to  give  bond  for  costs 142  99 

Appeal  bond  from  justice  court   143  100 

Certificate  of  solvency  of  bond 144  100 

Affidavit  in  lieu  of  appeal  bond  from  justice  court 145  101 

Appeal  bond  —  forcible  detainer  from  justice  court 319  236 

Appeal  bond  to  court  of  civil  appeals 704  580 

Affidavit  in  lieu  of  said  appeal  bond 705  581 

Supersedeas  bond  on  appeal    706  582 

Supersedeas  bond  for  land  707  583 

Supersedeas  bond  in  error    708  584 

New  appeal  bond   715  592 

Bond  in  writ  of  error  to  the  Supreme  Court 718  595 

Bond  in  removal  of  cause  from  State  to  Federal  court 722  599 

Bond  to  convey  land   146  101 

Bond  for  title  without  security   147  102 

Bond  with  conditions  indemnifying  surety  on  bond 148V4  104 

Agent's  bond    149  105 

Common  bond    150  105 

Bond  for  the  payment  of  money  and  interest  semi-annually 151  106 

Attachment  bond 96  69 

Sequestration  bond 629  518 

Bond  for  distress  warrant  446  327 

Bond  for  injunction  40O  297 

Bond  for  certiorari     189 

Bond  of  indemnity  from  contractor  to  owner  485  365 

Bond  for  title  with  security   148  103 

BONDS  AND  OATHS  OF  OFFICERS. 

County  superintendent's  bond    152  106 

County  commissioner's  bond    153 

County  judge's   bond    154 

County  treasurer's  general   bond    155 

County  treasurer's  bond  for  school  fund   156  109 

County  treasurer's  additional  bond  

County  surveyor's  bond    158  1 10 

County  and  district  clerk's  bond   

Appointment  of  deputy  clerk  160 

District  attorney's  bond   161 

Constable's  bond   162 

Appointment  of  deputy  constable 

Deputy  constable's  bond  164 

Public  weigher's  bond   165 

Sheriff's  bond    166 

Appointment  of  deputy  sheriff   167 

Deputy  sheriff's  bond  to  the  sheriff 1 

Appointment  of  clerk  pro  tempore  

Bond  of  clerk  pro  tempore 

Bond  of  notary  public    1 

Bond  of  justice  of  the  peace  

Bond  of  tax  collector    173 


772  INDEX. 

Form  No.  Page. 

Oath  of  person  rendering  property  for  taxes v 174  121 

Affidavit  of  assessor  verifying  his  rolls 175  122 

Bond  of  assessor 176  122 

Oath  of  county  olerk  on  receiving  envelope  containing  the  names  of 
persons  selected  by  jury  commissioners  of  the  district  court  as 

grand  and  petit  jurors   177  123 

Oath  of  district  clerk  or  deputy  on  receiving  envelope  containing  the 
names   of   persons   selected   by   the   jury   commissioners   of   the 

county  court  as  jurors   178  123 

Oaths  of  office  required  by  the  Constitution 179  123 

Oath  of  jury  in  county  and  district  court  civil  cases   180  125 

Oath  of  jury  commissioners  for  district  court 181  125 

Oath  of  jury  commissioners  for  county  court   182  125 

Oath  of  clerk  of  court  not  to  open  jury  lists  183  126 

Certificate  of  deputation  by  county  clerk 184  126 

Stay  bond  in  execution 263  196 

CERTIORARI. 

Application  for  certiorari  to  the  county  court  —  probate 185  126 

Application  for  certiorari  to  justice  of  the  peace   186  129 

Application  for  certiorari  to  justice  of  the  peace  187  130 

Order  of  judge  on  said  application  188  131 

Bond  for  certiorari  to  justice  court  and  approval  1891  132 

Writ  of  certiorari  to  justice  court  and  return  thereon  190  132 

CHARTER. 

Application   for  charter    191  134 

CITATIONS  FOR  PERSONAL  SERVICE. 

Citation  in  county  or  district  court   192  135 

Sheriff's  return  thereon 193  136 

Citation  in  justice  court 194  137 

Citation  in  forcible  detainer   319  23(5 

Notice  to  serve  nonresident  defendant 195  137 

Return  of  such  service 196  138 

CITATION  BY  PUBLICATION. 

Affidavit  for  citation  by  publication 197  139 

Citation  by  publication  198  139 

Return  of  sheriff  thereon   199  140 

Affidavit  for  citation  to  unknown  heirs 200  141 

Citation  for  unknown  heir   201  141 

CONDEMNATION  PROCEEDINGS. 
[See  after  Wills.] 

CONTINUANCE. 

Application  for  continuance  —  absent  testimony 202  142 

DEEDS. 

Warranty  deed  with  single  acknowledgments 203  143 

Acknowledgment  single    204  144 

Acknowledgment  of  a  married  woman    205  144 

Certificate  of  county  clerk  on  deed  206  145 

Warranty  deed  with  vendor's  lien   207  145 

Acknowledgment  of  husband  and  wife   208  146 

Quit  claim  deed 209  147 

Deed  of  gilt   210  147 

Sheriff's    deed    211  149 

Acknowledgment  by  sheriff    212  150 

Deed  by  corporation  213  150 

Acknowledgment  by  president   214  151 


INDEX.  773 

Form  No.  Page. 

Deed  by  constable  —  sale  of  real  estate 215  151 

Acknowledgment  by  constable .  21tf  152 

Deed  of  administrator 54  30 

Deed  of  guardian    ' .                      '   373  272 

Ground  rent  deed   152 

Deed  of  relinquishment  and  confirmation   218  154 

Deed  of  partition    .219 

Deed  of  right  of  way   220  15tt 

Deed  of  exchange   of  lands    '. '  *   221  15ft 

Deed  of  agreement  to  lay  out  and  leave  open  alley,  etc 222  15g 

Deed  of  water   course    223  159 

Deed  of  gift  on  conditions 224  loo 

Deed  of  gift  of  personal  property   225  10 1 

Proof  by  witness    " 220  102 

Deed  of  executor  288  214 

Deed  —  school   land    31X>  2U3 

* 

DEEDS  OF  TRUST. 

Deed  of  trust     227  102 

Deed  of  trust  for  the  benefit  of  a  married  woman 228  100 

Deed  from  trustee  under  above  deed  221)  107 

Trustee's  deed    230  107 

Substituting   trustee    .   231  109 

Notice  of  trustee's  sale  .   232  109 


, 


DIVORCE. 

Petition  for  divorce   233 

Petition  for  divorce  because  of  nonage 234 

Petition  for  divorce  with  prayer  for  injunction 235 

Order  of  court  granting  alimony 230 

Decree  of  divorce 237 

DESIGNATION  OF  HOMESTEAD. 

Voluntary  designation  of  homestead   238 

Notice  by  sheriff  to  owner  to  designate  homestead 239 

Designation  of  homestead  by  commissioners 240           177 

EXECUTION. 

Execution  for  money  with  bill  of  coats 241            178 

Indorsement  on  back  of  execution 242           179 

Alias  execution 243           180 

Execution  for  personal  property  or  its  value 244           182 

Execution  for  the  delivery  of  property 245           182 

Execution  and  order  of  sale  240           183 

Delivery  bond  in  execution   247           185 

Execution  on  forfeited  delivery  bond   248           180 

Venditioni   exponas    249 

Certificate  of  county  clerk  on  execution  issued  by  justice  of  the  peace.  250           1>> 

County  clerk's  official  character  on  above  execution  '£~*l            188 

Notice  of  levy  of  execution  to  part  owner  252           189 

Return  on  execution  of  sale  —  stock  running  at  large 253           189 

Notice  of  levy  of  execution  —  stock  running  at  large 254           190 

Return  upon  execution  of  sale  —  interest  of  partner 255           190 

Constable's  sale  250 

Return  upon  execution  of  sale  —  personal  property 257           191 

Return  upon  execution  of  sale  —  personal  property  in  possession  of 

part  owner  

Return  upon  execution  of  sale  of  real  estate  259 

Notice  ot  sale  of  real  estate 200 

Return  upon  execution  of  sale  of  real  estate  —  by  posting 201 

Affidavit  for  stay  of  execution   ". , 202 

Stay  bond  in  execution -  203 

Order  granting  stay  of  execution   204           197 


774  INDEX. 

EXECUTORS.                                Form  No.  Page. 

Application  for  probate  of  will  produced  in  court  265  197 

Application  for  probate  of  will  not  produced  in  court 266  198 

Application  of  a  nuncupative  will 267  199 

Subpoena  for  the  production  of  a  will 268  200 

Contest  of  will 269  201 

Proof  of  a  written  will  produced  in  court  270  201 

Proof  of  written  will  not  produced  in  court   271  202 

Proof  of  written  will  produced  in  court  not  witnessed 272  203 

Proof  of  a  nuncupative  will 273  204 

Subpoena  in  probate   274  205 

Citation  on  application  for  probate  of  will 275  20  i 

Return  of  officer  on  said  citation  276  206 

Citation  for  probate  of  will  not  produced  in  court,  or  for  probate  of 

nuncupative  will   277  203 

Return  of  officer  on  above  citation 278  207 

Order  probating  will  and  granting  letters  testamentary   279  208 

Order  establishing  will  produced  in  court *. 280  208 

Order  establishing  will  not  produced  in  court 281  209 

Order  establishing  a  nuncupative  will 282  210 

Bond  of  executor    283  210 

Oath  of  executor  284  211 

Inventory  and  appraisement   285  211 

Order  approving  inventory,  etc 286  213 

Letters  testamentary   287  213 

Deed  by  executor  under  will  and  acknowledgment   288  214 

(For  further  orders  under  executors,  see  under  the  head  of  Admin- 
istration.) 

ESTRAYS. 

Notice  by  taker-up 289  215 

Precept  to  summon  appraisers 290  215 

Oath  by  taker-up  of  estrays   291  216 

Oath  of  appraisers   292  216 

Bond  of  taker-up 293  217 

Clerk's  notice  of  estray  to  newspaper 294  217 

Notice  of  estray  sale   ". 295  218 

Report  of  estray  by  county  commissioner 296  218 

Estray  notice   297  219 

Proof  of  an  estray 298  219 

Certificate  of  respectability  to  said  proof 299  220 

Report  of  sale  of  hog,  sheep,  goat,  or  cattle  other  than  work  oxen.  .  .  .  300  220 

Report  of  the  loss  of  an  estray 301  221 

Report  of  estray  sale  by  taker-up 302  221 

FENCES  AND  TRESPASS  BY  STOCK. 

Complaint  of  trespass  by  stock  before  justice  of  the  peace 303  223 

Summons  for  freeholders 304  223 

Oatli  of  said  freeholders   305  224 

Report  of  justice  and  freeholders   306  .   224 

(In  a  county  where  stock  are  forbidden  to  run  at  large   see   law 
under  No.  306.) 

FERRIES. 

Petition  for  ferryman's  license   307  226 

Ferryman's   bond    308  227 

FORCIBLE  ENTRY  AND  DETAINER. 

Complaint  for  forcible  entry  and  detainer 309  228 

Complaint  for  forcible  entry   310  229 

Complaint  for  forcible  detainer  in  justice  court 311  230 

Complaint  for  forcible  entry  and  detainer  —  justice  court 312  231 

Complaint  —  forcible  detainer  in  justice  court 313  232 


INDEX.  775 

Form   No.  Page. 

Complaint  —  forcible   detainer    314  £33 

Complaint  —  forcible  detainer  315  233 

Complaint  for  forcible  detainer    310  234 

Complaint  for  forcible  detainer    317  235 

Demand  for  possession    318  236 

Writ  of  citation  in  forcible  detainer 319  230 

Returns  on  writ  of  forcible  detainer  320  237 

Judgment —  forcible  detainer 321  237 

Writ  of  restitution  —  forcible  detainer  322  238 

Appeal  bond  —  forcible  detainer   323  238 

GARNISHMENT. 

Application  for  garnishment  —  original  attachment 324  240 

Application  for  garnishmwit  —  before  judgment 325  241 

Application  for  garnishment  —  after  judgment 326  242 

Bond  for  garnishment 327  243 

Writ  of  garnishment   328  243 

Officer's  return  on  above  writ  329  244 

Controverting  answer  of  garnishee  330  245 

Notice  to  garnishee  that  his  answer  is  controverted  331  245 

Writ  summoning  garnishee  to  appear  before  commissioner  332  246 

Return  of  officer  on  writ  of  commissioner 333  247 

Commissioner's   return    334  247 

Commissioner's  return  when  garnishee  refused  to  answer 335  247 

Commission  to  take  answer  of  garnishee  residing  in  another  county.  336  248 

Garnishee's  answer 337  249 

Replevy  bond  in  garnishment 338  249 

Judgment  against  garnishee    339  250 

Judgment  against  garnishee  when  replevy  bond  filed 340  251 

GUARDIANSHIP. 

Application  for  letters  of  guardianship  341 

Application  for  testamentary  letters  of  guardianship  342 

Information  alleging  person  to  be  of  unsound  mind 343 

Citation  in  guardianship    344 

Citation  to  minor  fourteen  years  of  age 345 

Waiver  of  citation  and  selection  of  guardian  by  minor  over  fourteen.   346 

Order  appointing  guardian  under  fourteen  years  of  age 347 

Guardian's  bond  and  oath   348 

Inventory  and  appraisement 

Order  approving  inventory,  etc 350 

Affidavit  to  claim  351 

Affidavit  of  claim  by  officer  of  corporation,  etc 

Allowance  or  rejection  of  claim 

Approval  of  claim 

Order  establishing  claim    355 

Application  for  payment  of  claim 

Order  requiring  guardian  to  pay  claim 

Affidavit  of  demand  and  refusal 

Application  to  invest  money   359 

Order  authorizing  investment  in  real  estate   . 

Order  confirming  contract  of  investment  in  real  estate 

Application  for  sale  of  personal  property   

Application  for  sale  of  stock  on  the  range   

Application  for  sale  by  owner  of  claim  

Application  for  sale  of  real  estate  by  guardian   . 

Exhibit  accompanying  application  for  sale  of  realty 

Citation  on  application  to  sell  real  estate  . . . 

Return  of  officer  on  above  citation  

Order  of  sale    

Notice  of  sale  of  real  estate  by  guardian 

Report  of  sale .* 


776  INDEX. 

Form  No.  Page. 

Order  confirming  sale 372  27 1 

Deed  by   guardian    373  272 

Acknowledgment  of  deed  by  guardian  374  273 

Annual  account  of  guardian 375  273 

Notice  on  annual,  account  of  guardian 376  275 

Order  approving  annual  account 377  276 

Application  to  resign  as  guardian  378  276 

Account  of  guardian,  accompanying  said  application  379  277 

Order  upon  said  application  and  account   380  278 

Order  discharging    guardian    381  279 

Order  removing  guardian 382  279 

Citation  on  application  for  discharge  of  guardian   383  280 

Appeal  bond  in  guardianship  384  280 

Order  approving  final  account 385  281 

Order  discharging  guardian  and  closing  guardianship    386  282 

(For  form  of  annual  account  see  No.  81  under  Administration.) 

HOMESTEAD   DESIGNATION. 

[See  Designation  of  Homestead,   No.  238.] 

HOMESTEAD  DONATION. 

Application  for  homestead   387  282 

Affidavit  of  applicant  for  homestead   388  283 

Affidavit  corroborating  that  of  applicant   389  284 

Application  to  purchase  home  tract  390  284 

Application  to  purchase  additional  land   391  287 

Proof  of  occupancy  —  original  purchaser   392  290 

Proof  of  occupancy  —  assignee    393  291 

Proof  of  settlement   394  292 

School  land  —  deed   395  293 

INTERROGATORIES. 

Notice  of  filing  interrogatories   39'6  295 

Precept  to  serve  notice  of  interrogatories   397  295 

Indorsement  and  return  on  precept   398  296 

To  whom  the  commission  shall  be  directed 399  296 

Agreement  and  application  for  commission  —  oral 400  297 

Notice  of  taking  —  depositions 401  298 

Instructions  to  the  officer  taking  depositions   402  299 

Waiver  of  notice  in  depositions   403  301 

Commission  to  take  testimony   404  301 

Indorsement  on  commission   405  302 

Affidavit  upon  delivery  of  depositions 406  303 

Affidavit  for  service  of  notice  of  interrogatories  by  publication 407  303 

Caption  and  certificate  in  the  Federal  courts   408  304 

Precept  to  serve  notice  of  interrogatories  by  publication  409  305 

Officer's  return  on  above  precept    410  306 

Subpoena  to  witness  to  answer  interrogatories 411  307 

Attachment  and  commitment  of  witness  by  notary 412  308 

INJUNCTION. 

Petition  for  injunction  to  restrain  the  sale  of  property 413  309 

Petition  by  landlord  against  lessee  to  restrain  waste   414  310 

Judge's  fiat  on  above  petition   415  312 

Bond  for  injunction 416  312 

Writ  of  injunction  with  return  thereon 417  313 

Refunding  bond  in  dissolution 418  314 

Application  for  attachment  —  disobedience  of  injunction 419  315 

Order  of  judge  thereon   420  315 

Attachment  for  disobeying  injunction   421  316 


INDEX.  777 

JUDGMENTS,  ORDERS  MAKING  PARTIES,  ETC. 

Form  No.  Page. 

Suggestion  of  the  death  of  a  sole  defendant 422  317 

Order  to  make  an  administrator  a  party ! 423 

Suggestion  of  marriage  of  a  female  plaintiff  ........  '.  424 

Suggestion  of  marriage  of  a  female  defendant .425  318 

Scire  facias  to  make  parties  ]  42«  31^ 

Order  for  continuance 

Suggestion  of  death  of  plaintiff  and  making  a  party 428  320 

Suggestion  of  death  of  one  of  two  plaintiffs,  etc '.'...'.'.  429  320 

Power  of  attorney  to  confess  judgment ' .    '.  430  321 

Confession  of  judgment  by  attorney  in  fact 431  321 

Affidavit  of  poor  person  for  appointment  of  counsel   '.'.'.'.  432 

Petition  in  forma  pauperis  and  appointment  of  counsel  433 

Order  of  the  court  on  above  petition 434  323 

Appointment  of  counsel  in  suit  by  publication  435 

Appointment  of  guardian  ad  litem '  430  323 

Judgment  of  nonsuit  437 

Judgment  of  nonsuit  when  plaintiff  fails  to  appear  438  324 

Judgment  overruling  exception  to  petition  —  plea  filed  439  324 

Judgment  overruling  exception  —  no  plea  filed,  etc 440  325 

Judgment  overruling  exception  —  no  plea  filed,  etc 441  325 

Judgment  sustaining  exception   to  petition  —  leave  by   plaintiff  to 

amend 442  326 

Judgment  sustaining  exception  —  without  leave  to  amend   443  326 

Judgment  sustaining  exception  to  the  answer  444  327 

Judgment  sustaining  exception  to  answer  without  leave  to  amend . .  445  327 

Judgment  by  default  —  damages  assessed  by  the  clerk   446  327 

Judgment  by  default  —  writ  of  inquiry  awarded  447  328 

Judgment  upon  writ  of  inquiry 448  328 

Judgment  foreclosing  lien  on  personal  property 440  321> 

Judgment  by  nil  dicit  450  329 

Judgment  for  plaintiff  upon  verdict  of  jury 451  330 

Judgment  for  plaintiff  tried  before  the  court 452  330 

Judgment  against  one  of  several  defendants  and  against  plaintiff  as 

to  other  453  331 

Judgment  upon  confession  without  process  454  331 

Judgment  by  default  with  writ  of  inquiry  as  to  one  defendant,  etc..  455  332 
Judgment  of  dismissal  as  to  one  defendant  and  default  as  to  the 

other 45fi  333 

Judgment  for  the  recovery  of  specific  property 457  333 

Judgment  for  defendant  for  property  replevied  by  plaintiff 458  334 

Judgment  for  the  recovery  of  land   459  335 

Judgment  foreclosing  lien  on  land  460  336 

Judgment  in  forcible  detainer  321  237 

Judgment  against  garnishee    339  250 

Judgment  for  plaintiff  in  attachment  115  81 

Scire  facias  to  revive  judgment 461  337 

Judgment  against  principal  and  sureties    462  338 

Order  for  writ  of  prooedendo  and  indorsement  thereon 681  556 

Order  for  venditioni  exponas  249  187 

LANDLORD  AND  TENANT. 

Affidavit  for  distress  warrant  —  rents  due   463  340 

Affidavit  for  distress  warrant  —  rents  not  due  464  341 

Bond  for  distress  warrant 465  34'2 

Writ  in  distress  proceedings  466  342 

Citation  under  distress  warrant   467  344 

Replevy  bond  under  distress  warrant   468  345 

Indemnity  bond  on  levy  of  distress  warrant 469  346 

Application  for  order  'of  sale  —  perishable  property  470  347 

Bond  when  order  of  sale  is  applied  for  by  person  other  than  the 

defendant  .                    471  348 


778  INDEX. 

Form  No.  Page. 

Order  of  judge  on  application  for  sale  —  perishable  property 472  348 

Order  of  sale  of  perishable  property   473  349 

Officer's  return  on  above  order 474  349 

Judgment  for  plaintiff  in  suit  by  distress   475  350 

LEASE. 

Lease  of  residence  or  storehouse 476  352 

Lease  of  city  property   477  353 

Lease  with  tenant  —  farm    478  354 

Lease  contract   479  356 

Lease  for  drilling  for  oil,  etc 480  358 

Grant  —  drilling  oil  wells,  etc 481  359 

LIEN  — LIVE  STOCK   PROGENY. 

Lien  —  live  stock 482  363 

Laborer's,  etc.,  lien 4 483  364 

LIQUOR  DEALERS  AND  TAXATION. 

Application  for  license  for  sale  of  liquors 484  365 

Liquor  dealer's  bond 485  365 

MORTGAGES. 

Chattel  mortgage    486  368 

Crop  chattel  mortgage    487  369 

Mortgage  to  indemnify  security   488  370 

Mortgage  deed,  with  power  of  sale 489  371 

Chattel  mortgage  —  goods,  wares  and  merchandise 490  374 

Judgment  foreclosing  mortgage  lien  —  personal  property 449  329 

MARRIAGES,  ETC. 

Marriage  license   491  378 

Consent  of  parents  to  marriage  492  379 

Affidavit  for  marriage  license    493  379 

Marriage   ceremony    494  379 

Marriage  contract 495  3^0 

Consent  of  parents  to  contract 496  381 

Articles  of  separation  between  husband  and  wife  497  382 

Bond  to  suffer  wife  to  live  apart  from  her  husband 498  383 

MECHANIC'S  AND  OTHER  LIENS. 

Fixing  lien  on  unwritten  contract   499  385 

Fixing  lien  when  material  is  furnished  to  builder,  etc 500  386 

Contract  for  building  on  homestead 501  387 

Mechanic's  lien  note    502  389 

Contract  to  build  a  house 503  390 

Contract  for  making  addition  to  a  house  504  391 

Notice  to  owner  of  the  building .' 505  393 

Bond  of  indemnity  from  contractor  to  owner 506  394 

Conveyance  of  mechanic's  lien 507  395 

NATURALIZATION. 

[See  No.   18,  under  head  of  Aliens.] 

PARTITION   OF   REAL  ESTATE. 

Petition  for  partition  of  real  estate   508  396 

Decree  of  partition  509-  397 

Writ  of  partition  and  return  of  officer  510  398 

Notice  to  parties    511  399 

Commissioner's  report   512  399 

Order  of  court  approving  said  report 513  400 


INDEX.  779 
PARTNERSHIPS  —  LIMITED. 

...   i          »                                                                                                                       Komi    No.  Pace. 

Articles  of  partnership   514  ^[ 

Articles  of  limited  partnership   515  494 

Certificate  of  limited  partnership 5Kj  405 

Acknowledgment  of  above  certificate  517  400 

Affidavit  of  one  of  the  partners 518  400 

Advertisement  of  limited  partnership   51<j  407 

Affidavit  of  publication  to  be  filed  with  clerk 520  408 

Agreement  to  continue  partnership  by  indorsement 521  408 

Assignment  of  partnership  property  by  one  partner  to  another  ....   522  400 

Dissolution  of  partnership   523  410 

Dissolution  of  partnership  by  indorsement  524  411 

Public  notice  of  dissolution   525  41 1 

Public  notice  of  dissolution  with  continuance   52(5  412 

Kelinquishraent  of  one  partner's  interest  to  the  other 527  412 

PAWNBROKERS. 

Pawnbroker's  bond   528  413 

Notice  of  pawnbroker's  sale   520  414 

Report  of  sale   530  41s 

Depositor's  receipt    531  415 

County  treasurer's  receipt    532  416 

PENSIONS  —  STATE,  ACT  MAY   12,   1899. 

Application  and  proof  for  pension  —  indigent  soldier 533  416 

Application  and  proof  for  pension  —  widow  of  soldier 534  420 

POLL  TAX. 

Poll    tax   receipt    535  423 

Certificate  of  exemption  from  poll  tax 536  424 

POWERS  OF  ATTORNEY. 

Power  of  attorney  to  sue  for  and  sell  land  537  424 

Power  of  attorney  to  transfer  stock   538  425 

Power  of  attorney  and  transfer  of  wages  530  426 

Power  to  vote  by  proxy 540  426 

Appointment  of  attorney  by  substitution   541  427 

Power  of  attorney  to  attorney  with  assignment  of  interest  in  claim.   542  427 

Revocation  of  power  of  attorney   543  420 

PROMISSORY  NOTES,  ORDERS,  ETC. 

Promissory  note    544  420 

Vendor's  lien  note 545  430 

Deed  of  trust  lien  note   546  43O 

Mechanic's  lien  note 502  38:» 

Due  bill   547  431 

Order  for  money 548  43 1 

Receipt  of  interest  —  indorsed  on  note   540  431 

Check  on  bank 550  432 

Customer's   draft    551  432 

Protest  of  promissory  notes,  etc 552  432 

PUBLIC  ROADS. 

Petition  for  laying  out  public  road 553  434 

Notice  of  application    554  434 

Appointment  of  commissioners  to  lay  out  road 555  435 

Oath    of   juror '. 

Notice  to   land  owners 

Officer's   return  of  notice 436 

Report  of  jury  of  view 550  436 


780  INDEX. 

Form  No.  Page. 

Consent  of  land  owners 560  437 

Order  establishing  road 561  437 

Overseer's  appointment 562  439 

Notice  to  road  hands 563  439 

Overseer's  receipt 564  440 

Overseer's  report  to  the  court 565  440 

PROOF  OF  LOSS  BY  FIRE. 

Proof  of  loss  by  fire  —  short  form 570  444 

Proof  of  loss  by  fire  —  long  form 571  444 

Proof  of  heirship 724  600 

PLEADING  —  PETITIONS. 

Petition  on  account  575  449 

Petition  on  promissory  note   576  450 

Petition  on  contract  —  not  completing  building 577  451 

Petition  for  fraudulent  purchase  of  property 578  452 

Petition  against  fire  insurance  company 579  453 

Petition  for   damages  —  life  insurance   company 580  454 

Petition  against  pledgee  —  note  as  collateral  security 581  455 

Petition  —  repayment  of  deposit  —  purchase  real  estate 582  455 

Petition  —  trespass  to  try  title 583  456 

Petition  on  written  contract,  etc.,  for  extra  work 584  457 

Petition  by  architect    585  459 

Petition  of  surety  against  principal 586  460 

Petition  on  agreement,  goods  sold  to  another 587  460 

Petition  for  foreclosure  lien  on  land 588  461 

Petition  on  foreign  judgment   589-  463 

Petition  on  judgment  of  this  State 590  464 

Petition  by  surety  against  principal  on  bond 591  465 

Petition  on  agreement  to  insure  against  loss  by  fire 592  466 

Petition  for  breach  of  contract  to  convey  land 593  467 

Petition  —  delay  in  delivering  telegram 594  468 

Petition  for  conversion  of  personal  property 595  470 

Petition  for  wrongful  attachment 596  471 

Petition  to  set  aside  deed  obtained  by  fraud 597  472 

Petition  to  set  aside  conveyance  fraudulent  as  to  creditors 59'8  474 

Petition  for  breach  of  warranty  in  sale  of  land 599  475 

Petition  to  correct  description  of  land  conveyed  by  deed 600  476 

Petition  lor  specific  performance  —  sale  of  real  estate 601  477 

Petition  for  specific  performance  against  vendor 602  479 

Petition  for  foreclosure  —  delinquent  taxes 603  480 

Petition  in  intervention    604  484 

Petition  for  an  account  of  partnership  —  after  dissolution 605  486 

Petition  to  close  up  partnership 606  488 

Petition  for  foreclosure  deed  of  trust  lien 607  489 

Petition  by  creditor  to  set  aside  claim  —  administrator 608  490 

Petition  for  review  of  judgment 609  492 

Petition  for  quo  warranto  proceedings 610  .  493 

Petition  against  railroad  company  —  not  delivering  goods 611  49-5 

Petition  against  railroad  company  —  delay  in  shipment  of  stock...   612  496 

Petition  against  railroad  company  by  minor  —  personal  injuries...   613  499 

Petition  against  railroad  company  by  surviving  wife,  etc 614  504 

Petition  against  railroad  company  for  personal  injuries 615  506 

Petition  for  removal  disabilities  of  a  minor 572  446 

Petition  for  laying  out  public  road 553  434 

Petition  for  injunction   413  309 

Petition  for  partition  of  real  estate 508  396 

Petition  for    divorce    233  170 

Petition  in  forma  pauperis  and  appointment  of  counsel 433  322 

Petition  against  railway  company —  damages  by  fire 616  509 

Petition  for  mandamus    .   617  510 


INDEX.  781 

PLEADING  — ANSWERS,  ETC. 

Form   No.  Page. 

Exception  to  the  jurisdiction  of  the  court 018 

Exception  —  to  right  of  a  married  woman  to  sue  alone 019  514 

Exception  —  nonjoinder  of  parties  plaint  iff 02<>  514 

Exception  —  misjoinder  of  defendants  021  514 

Exception  —  nonjoinder  of   parties  defendant 022 

Plea  to  the  jurisdiction 023 

Plea  of  plaintiff's  coverture 024 

Plea  of  defendant's  coverture   025  510 

Plea  of  nonjoinder  of  party  defendant 020  510 

Plea  of  pendency  of  another  suit 027  517 

Plea  of  general  denial  028  517 

Plea  of  coverture  of  defendant  029  518 

Plea  of  infancy  of  defendant,  who  is  still  a  minor 030  518 

Plea  of  former  judgment   031  518 

Plea  of  account  stated  and  execution  of  note 032  519 

Plea  of  release    033  520 

Plea  of  counter  claim   034  520 

Plea  of  tender   035 

Plea  of  non  est  factum  030 

Plea  of  accord  and  satisfaction   037  522 

Plea  of  failure  of  consideration  038  522 

Exception  and  plea  of  limitation 039 

Answer  containing  exceptions  and  general  denial 040  523 

Answer  of  railway  company  to  form  No.  015 041  524 

PLEADING  —  ANSWER  —  TRESPASS  TO  TRY  TITLE. 

Plea  of  not  guilty 041%       520 

Plea  for  valuable  improvements  made  in  good  faith 042 

Plea  for  three  years'  possession  and    limitation 043  527 

Plea  of  three  years'  possession  and  limitation  as  to  part,  not  guilty 

as  to  the  residue 044  528. 

Plfa  of  five  years'  possession  and  limitation 045 

Plea  of  ten  years'  possession  and  limitation 040  529 

Plea  of  title  under  written  memorandum    and  ten  years'  possession 

without  inclosure  of  the  whole 047  529 

Plea  of  title  under  ten  years'  possession  with  inclosure 048  530 

RELEASES. 

Release  of  vendor's  lien    500  44 1 

Release  of  mortgage  or  deed  of  trust 507  441 

Release  of  judgment  lien 5(58  4 42 

Release 509  443 

REMOVAL   OF    DISABILITIES   OF   A   MINOR. 

Petition  for  removal  of  disabilities  of  a  minor 572  440 

Waiver  and  acceptance  of  service  by  father,  etc 573  44S 

Order  removing  disabilities  of  minor 574  448 

RULES  FOR  THE  COURTS  OF  TEXAS. 

[See  Appendix,  pages  731   to  7tiO.] 

SEQUESTRATION. 

Affidavit  for  writ  of  sequestration  —  district  court 049 

Aflidayit  for  sequestration    050 

Affidavit  for  sequestration   051 

Bond  for  sequestration    052  533 

Writ  of  sequestration    053  534 

Officer's  return  on  writ  .  .   054  535 


782  INDEX. 

Form  No.  Page. 

Replevy  bond  by  defendant 655  535 

Replevy  bond  by  plaintiff 656  53(5 

Application  for  order  of  sale  of  perishable  property 657  537 

Order  of  judge   on  above  application 658  538 

Order  of  sale  and  sheriff's  return  thereon 659  538 

Bond  of  purchaser   660  539 

SUBPOENAS. 

Subpoena  and  indorsement  thereon  and  return  thereon 661  540 

Subpoena  —  justice    court    662  541 

Subpoena   duces  tecum    663  542 

Attachment  of  witness  disobeying  a  subpoena 664  542 

Attachment  of  witness  for  refusing  to  testify 665  544 

Subpoena  by  notary    411  307 

Attachment  and  commitment  of  witness  by  notary 412  308 

SUMMONS  AND  OATHS  OF  JURY  — JUSTICE  COURT. 

Summons  for  jury  —  justice  court 666  545 

Oath  of  officer  receiving  venire   667  545 

Oath  of  jury 668  545 

Return  of  officer  summoning  jury 669  546 

Oath  of  jury  in  county  and  district  courts  —  civil  cases 180  125 

Oath  of  jury  commissioners  for  district  court 181  125 

Oath  of  jury  commissioners  for  county  court 182  125 

TRIAL  OF  THE  RIGHT  OF  PROPERTY. 

Affidavit  of  claimant   670  546 

Claim  bond    671  547 

Indorsement  on  claimant's  bond 672  547 

Indorsement  on  writ  issued  in  county  where  levied 673  548 

Indorsement  on  writ  issued  without  the  county  where  levied 674  548 

VENUE  OF  SUITS. 

Plea  of  privilege  —  justice  court   675  549 

Plea  of  privilege  —  county  and  district  courts 676  551 

VENUE,  CHANGE  OF. 

Affidavit  for  change  of  venue 677  553 

Affidavit  of  witnesses  to  above  affidavit 678  554 

Consent  of  parties  to  change  of  venue '. 679  555 

Order  for  change  of  venue 680  555 

Order  for  venditioni  exponas 249  187 

Order  for  writ  of  procedendo  and  indorsement  thereon 681  556 

Contract  for  personal  services,  writh  salary  based  on  profits 682  557 

WILLS. 

General  form  of  will   683  558 

Another  form  of  will 684  559 

Will  written  by  the  testator 685  560 

Codicil  to  a  will   686  562 

Nuncupative  will    687  562 

(For  probating  wills,  see  under  the  head  of  Executors,  Nos.  265-288.) 

CONDEMNATION  PROCEEDINGS. 

Petition  in  condemnation  proceedings   688  564 

Order  of  county  judge  appointing  commissioners 689  565 

Notice  of  commissioners  to  all  parties  concerned 690  566 

Service   of  notice    691  566 

Assessment  of  damages  by  commissioners 692  567 

Final  order  of  the  county  judge 693  567 


INDEX.  >.; 

SALE  OF  REAL  ESTATE. 

Form   No.     Page. 

Receipt  of  earnest  money  and  option 604          568 

Contract  for  sale  of  land 695          570 

FORMS  OF  APPEAL  TO  COURT  OF  CIVIL  APPEALS  AND  WRIT  OF  ERROR 

TO  SUPREME  COURT. 

Agreed  statement  of  facts 606          572 

Agreed  case  on  appeal    697  572 

Bill  of  exception   698  573 

Bill  of  exception 699          574 

Bill  of  exception  by  the  court 700          575 

Controverted  bill  of  exception  and  affidavits 701  575 

Petition  for  writ  of  error  to  court  of  civil  appeals 701%       577 

Citation   in  error    702  578 

Alias  citation  in  error   703  579 

Cost  bond  to  court  of  civil  appeals 704  580 

Affidavit  in  lieu  of  appeal  bond 705  581 

Supersedeas  bond    706  582 

Supersedeas   bond   for   land 707  583 

Supersedeas  bond  in  error 708  584 

Writ  of   supersedeas    709  585 

Clerk's  certificate  and  indorsement  on  transcript 710  586 

Brief  on  appeal    711  587 

Notice  of  filing  brief  712          S89 

Motion  to  affirm  on  certificate 713  590 

Certificate  of  affirmance   714          590 

New  appeal  bond   715  592 

Motion  for  rehearing  in  court  of  civil  appeals 716  593 

Petition  for  writ  of  error  to  Supreme  Court 717  594 

Bond  when  required   718  595 

Affidavit  for  return  of  mandate  from  appellate  court 719  596 

REMOVAL  OF  CAUSE  FROM  STATE  COURT  TO  THE  UNITED  STATES 

CIRCUIT  COURT. 

Petition  for  removal  on  the  ground  of  citizenship 720 

Petition  for  removal  —  separable  controversy   721 

Bond  for  removal   722  599 

Order  for  removal    723 

Petition  for  election  to  incorporate 725  602 

Certificate  of  county  surveyor   726  603 

Election  order  727 

Election   notice   

Affidavit  of  posting  notices   7 

Returns  of  election  on   incorporation 

Returns  of  school  trustee  election 

Order  declaring  result  of  the  elections 

Certificate  of  county  judge  733          61 1 

Certificates  as  to  the  incorporation  of  the  town  for  municipal  pur- 
poses   

Extension   of  boundaries    

Certificate  of  county  surveyor  

"Resolution  of  board  of  trustees 7 

Petition  for  bond  election   

Order  for  bond  election   

Notice  of  bond  election  

Affidavit  of  posting  notices   741 

Election  returns    

Order  declaring  result  of  election 743 

Bond  order  

Statement  of  indebtedness   745 


784  INDEX. 

Form  No.  Page. 

Statement  of  taxable  values 746  632 

Certificate  of  secretary   747  633 

Form  of  bond 748  634 

Proceedings   to   authorize   the   levy   of   tax   for   support   and   main- 
tenance of  schools    749  636 

Order  levying  taxes   750  638 

Order  for  refunding  bonds 751  639 

Debtor's  petition 751%  676 


INDEX  TO  BANKRUPT  LAW 


8«c. 

Abatement,  death  or  insanity  does  not  work 8  647 

Absence  of  judge,  clerk  to  act 18  650 

Act  of  bankruptcy,  when  in  force 670 

Acts  of  bankruptcy  defined 3  644 

Actions  by  and  against  bankrupts 11  64* 

Actions  stayed  pending  bankruptcy 11  648 

Actions  by  trustees    23  652 

Adjudication  defined    1  641 

Advertisement  of  meeting  of  creditors 58  663 

Advertising  in  newspapers   28  654 

Affirmation  included  in  oath 1  641 

Affirmation,  who  may  administer 20  651 

Allowance   of  claims    57  662 

Amount,  $1000  for  bankruptcy  4  645 

Amount,  majority  of,  for  composition 12  64-S 

Amount,  $2000  for  appeal  to  Supreme  Court  of  the  United  States.  .  25  653 

Amount,  $500  necessary  to  file  petition  for  involuntary 59  664 

Answer,  bankrupt  to  answer  in  fifteen  days 18  650 

Appeal,  when  it  will  be 25  653 

Appeals  in  bankruptcy   25  653 

Appellate  courts  defined   1  641 

Apj>ellate  courts,  jurisdiction    24  652 

Arbitration  of  controversies    26  653 

Arbitration,  how  conducted   26  653 

Arrest,  protection  from,  when   J»  647 

Assignment  is  act  of  bankruptcy 3  644 

Attachment  set  aside  within  four  months 67  667 

Attorney-General,  duty  of   53  661 

Attorney  fee  paid  on  dismissal 3  644 

Attorney's  fees  to  be  examined  and  to  be  reasonable 60  rt»55 

Hanks  to  be  depositories 61  1165 

Hankers   may   become   bankrupt 4  645 

Bankrupt  defined 

Bankrupt,  to  answer  in  fifteen  days 18  650 

Bankrupt,  may  appear  and  plead 650 

Bankrupt,  court  appoint  officers   34  655 

Bankruptcy  defined   1  64 1 

Bond  of  trustees   65ft 

Bond  of  referees 50  65ft 

Books  and  papers  of  bankrupt  to  be  examined 644 

Business,  continuing  bankrupts    642 

Circuit  Court  United  States  concurrent  jurisdiction '     ' 

Clnims,  bankrupt  to  examine  correctness 

Claims  may  be  reconsidered   

Claims  may  be  withdrawn   

Claims  to  be  proven  up  in  one  year 

Claims,  debts  proven  up    

Claims,  unliquidated    

Claims,  priority  of 64 

Clerk  of  the  court  defined 

Clerk  to  act  if  judge  is  absent 

Clerk,  duties  of  

Clerk,  compensation  of   661 

[785] 


786  INDEX  TO  BANKRUPT  LAW. 

Sec.  Page. 

Co-debtors  of  bankrupt   16  649 

Compensation  of  referees   40  657 

Compensation  of  trustees   ; 48  659 

Compensation  of  clerks   52  661 

Compensation  of  marshals 52  661 

Composition,  courts  to  confirm   2  642 

Composition  of  bankrupt 12  648 

Composition  to  be  confirmed   12  648 

Composition  proceedings  under   12  648 

Composition  may  be  set  aside 13  649 

Composition  is  a  discharge 14  649 

Compromises,  trustee  may  make 27  654 

Computation  of  time   31  655 

Conceal  as  to  property  defined 1  641 

Contempt,  court  to  punish  for 2  642 

Contempt  before  referees  . :  .  . 40  657 

Continuing  bankrupt's  business    2  642 

Copies  of  papers  evidence 21  651 

Corporation  defined    1  641 

Corporation  included  in  persons   1  641 

Corporation,  when  may  become  bankrupt   4  645 

Court  defined   1  641 

Courts  of  bankruptcy  defined 1  641 

Courts  named 2  642 

Courts,  jurisdiction  of 23  652 

Counsel  fee  paid  on  dismissal 3  644 

Creditor  defined 1  641 

Creditor  secured  defined 1  641 

Creditors'  meeting 55  661 

Creditors,  voters  at    56  662 

Creditors'  proof  and  allowance  of  claim   57  662 

Creditors'  notice  to , 58  663 

Creditors,  who  may  file  petition  59  664 

Creditors,  who  may  dismiss  petition 59  664 

Creditors'  number  and  amount  to  file  involuntary  petition 59  664 

Creditors  may  appear  and  answer 59  664 

Creditor,  those  not  counted 59  664 

Creditors  preferred   60  665 

Date  of  bankruptcy  defined 1  641 

Death  not-  abatement .  8  647 

Debt  defined  1  641 

Debts  not  affected  by  release   17  650 

Debts  not  scheduled  not  released 17  650 

Debts  may  be  proven  up 63  665 

Defalcation  not  releas'ed  by  discharge   17  650 

Default  in  bankruptcy  . 18  650 

Defense,  solvency  can  be  plead 3  644 

Definition  of  words  and  phrases 1  641 

Depositories  to  be  named   61  665 

Depositions,  how  taken 21  651 

Detention  of  bankrupt  by  marshal   9  647 

Discharge  defined    1  641 

Discharge,  court  to  grant  2  642 

Discharge  of  bankrupt 14  649- 

Discharge,  exists  in  composition  14  649 

Discharge  may  be  revoked 15  649 

Discharge  granted  within  twelve  months 14  649 

Dismissal   of  petition    3  644 

Dismissal  only  after  notice  to  creditors   59  664 

Dividends,  payment  of 65  667 

Dividends  unclaimed 66  667 

Document  defined   1  641 


INDEX  TO  BANKRUPT  LAW.  787 


Sec. 

Domicile  of  six  months  ........................................  2  042 

Duties  of  bankrupts  ...........................................  7  046 

Embezzlement  not  released  by  discharge  ............  .............  17  050 

Error,  writs  of,  in  bankruptcy  ..................................  25  053 

Estates  of  the  bankrupt  ........................................  01  005 

Examination  of  bankrupt   ......................................  3  044 

Examination,  composition  after   ................................  12  -.  t  •> 

Exemptions,  court  to  determine  ............  .....................  2  042 

Exemptions  of  bankrupt  .......................................  0  040 

Exemptions  from  arrest,  when  .  .  ............................  ....  9  047 

Expenses  of  estates  to  be  reported  and  examined  ..................  02  605 

Extradite  bankrupts  ...........................................  2  042 

Extradition  of  bankrupts   ......................................  10  048 

Evidence,  how  taken  ...........................................  21  051 

Evidence,  copies  of  papers  as   ...................................  21  051 

Fraud  will  avoid  comj>osition   ............  ......................  13  049 

Fraud  will  revoke  discharge  ....................................  15  04!) 

Fraud  in  bankruptcy,  punishment   ..............................  29  054 

Fraud,  debts  by,  not  released  ...................................  17  050 

Holiday  defined   ...............................................  1  04  1 

Imprisonment  of  bankrupt  forbidden   ............................  9  047 

Insanity  of  bankrupt  not  abatement  ............................  8  047 

Insolvent,  person  when  deemed   .................................  1  041 

Instruments  to  be  filed  witli  claim   ..............................  57  002 

Judge  defined  .................................................  1  04  1 

Judge  absent,  clerk  to  act  ......................................  IS  050 

Jurisdiction  over  persons   ......................................  «J  042 

Jurisdiction  of  courts  ..........................................  23  052 

Jurisdiction  of  appellate  courts  .................................  24  052 

Jury  to  be  summoned    ......  ...................................  19  051 

Jury,  when  not  to  be  called  ....................................  18  050 

Jury  trials,  when  to  be  had  ....................................  19  051 

Jury  trials  must  be  applied  for  when  answer  is  filed  ..............  19  051 

Liens  .......................................................  07  007 

Liens,  trustee  may  enforce   .....................................  07  007 

Liens,  attachment  within  four  months  ...........................  07  007 

Liens  held  good  ...................  .  ...........................  07  007 

Limitation  of  offenses   .........................................  29  054 

Limitation  on  trustees'  bonds   ..................................  5O  059 

Limitation  on  referees'  bonds  ...................................  50  059 

Lost  instruments  to  be  proven  up  ...............................  57  002 

Marshal,  compensation  of   ......................................  52  001 

Masculine  words  include   .............  r  .........................  1  04  T 

Meeting  of  creditors  ...........................................  55  001 

Newspapers,  designation  of  .....................................  28  054 

Notice  to  creditors   ............................................  58  003 

Notice,  what  creditors  are  entitled  to  ............................  58  003 

Oath  defined  ............................................  641 

Oath,  who  may  administer  .....................................  20  051 

Objections  to  claims    ..........................................  57  002 

Offenses  in  bankruptcy  defined  ..............................  ....  29  059 

Officers  in  proceeding  defined   ...................................  1  041 

Officers,  conrt  to  appoint  .......................................  34  055 

Officers,  reierees  for  two  years    .................................  34  055 

Officers'  qualification  of  referee   .................................  35  055 

Officers'  oath  of  referee  ........................................  30  055 

Officers,  number  of  referees  ..........  ...........................  37  050 

Officers'  jurisdiction  of  referees  .................................  38  050 

Officers,  trustees  ............................... 

Officers'  qualification  of  trustees  .............. 

Officers'  duties  and  compensation  ................ 

Officers'  duties  of  clerk   ....................................  SI  000 


788  IXDEX  TO  BANKRUPT  LAW. 

Sec.  Page. 

Orphans'  rights  preserved 8  647 

Partners  may  become  bankrupt 5  645 

Partnership  included  in  persons 1  641 

Partnership  property,  administered  5  645 

Payment  of  dividends    65  667 

Person  defined 1  641 

Person,  when  deemed  insolvent 1  641 

Persons  defined   1  641 

Petition  in  bankruptcy  defined 1  641 

Petition  may  be  filed 3  644 

Petition  in  bankruptcy   18  650 

Petition  must  be  in  duplicate 59  664 

Phrases,  definition  of 1  641 

Pleadings  must  be  verified 18  650 

Plural  words  include   1  641 

Possession  of  property 69  669 

Preference  void  within  four  months 60  665 

Preference,  when  void 67  667 

Preferred  creditors   60  665 

Process  in  bankruptcy   18  650 

Proof  of  claims   57  662 

Protection  from  arrest,  when 9  647 

Receivers  appointed  by  judge 2  642 

Reconsideration  of  claims 57  662 

Referee  in  bankruptcy  defined 1  641 

Referee,  absence  or  disability  of  43  658 

Referee,  records  of 42  657 

Referee,  court  to  appoint   34  655 

Referee,  term  of  office   34  655 

Referee,  qualification 35  635 

Referee,  oath  of  office    36  635 

Referee,  number  of 37  656 

Referee,  jurisdiction  of  38  656 

Referee,  duties  of    39  656 

Referee,  compensation  of 40  657 

Referee,  contempt  before  41  657 

Referee,  bonds  of 50  659 

Reference  of  proceedings   22  652 

Relations  not  counted  as  creditors 59  664 

Residence  of  six  months 2  642 

Rules  to  be  made  by  Supreme  Court 30  655 

Schedule,  what  to  contain   7  646 

Schedule  of  property,  bankrupt  to  make 7  646 

Secured  creditor  defined ; 1  641 

Secured  creditor,  claims  of 57  662 

Securities  to  be  set  out  in  claim 57  662 

Securities  to  be  valued 57  662 

Seizure  of  property  on  giving  bond 3  644 

Set-off  and  counterclaims  68  6P>9 

Singular  words  include   1  641 

States  include  territories  defined   1  641 

Statistics  of  bankruptcy 54  661 

Subrogation  of  surety   57  662 

Supreme  Court  to  make  rules 30  655 

Surety  to  be  subrogated   .  .  .  . , 57  662 

Surety,  corporations  may  go .50  659 

Taxes  not  released  by  discharge 17  650 

Time  of  bankruptcy  defined 1  641 

Time,  within  four  months  to  file  petition 3  644 

Time,  fifteen  days  to  answer  petition 18  650 

Time  within  which  to  appeal 25  653 

Time,   computation   of    31  655 


INDEX  TO  BANKRUPT  LAW.  789 

Sec.  P»«e. 

Time,  limitation  on  trustees'  bonds 50  659 

Time,  limitation  on  referees'  bonds 50  BM 

Time  of  meeting  of  creditors 55  601 

Time,  one  year  to  prove  up  claims 57  682 

Time,  ten  days'  notice  to  creditors 58  663 

Time,  preference  void  within  four  months 60  Mfi 

Time,  act  in  force  70  669 

Title  to  property    70  608 

Transfer  as  to  property  defined 1  641 

Transfer  of  cases 32  655 

Trustee  in  bankruptcy  defined 1  641 

Trustee,  appointment'and  removal  of 2  642 

Trustee  may  appear  for  bankrupt  in  suits  by  or  against  him 11  648 

Trustee,  actions  by  " 23  652 

Trustee  not  to  give  appeal  bonds 25  653 

Trustee,  appointment  of   44  658 

Trustee,  qualification  of 45  658 

Trustee,  death  or  removal  of 46  658 

Trustee,  duties  of 47 

Trustee,  compensation  of t 48  6">J> 

Trustee,  accounts  and  papers  of 49  ' 

Trustee,  bonds  of 50  650 

Trustee  may  prove  up  claim  in  other  bankruptcy 57  662 

Vacation,  bankrupts'  courts  open  in  2  642 

Voters  at  creditors'  meeting 56  662 

Wage  earner  defined 1  641 

\Yho  may  become  bankrupt 4  645 

Widow's  right  preserved 8  647 

Women  included  in  persons 1  641 

Words,  definition  of  1  64 1 

Words,  masculine,  singular  and  plural   1  641 

WTrits  of  error  in  bankruptcy 25  653 

Amendment  of  Act  1898,  approved   February  5,  1903    (Public  No.  62),  page* 

671-675! 


INDEX  TO  RULES  FOR  THE  COURTS  OF  TEXAS 


Page. 

Supreme  Court 731-733 

Courts  of  Civil  Appeals   735-747 

Court  of  Criminal  Appeals 747 

District  and  County  Courts   747-764 

Appellate  jurisdiction  of  Supreme  Court 764,  765 

Procedure  to  obtain  writ  of  error  in  Supreme  Court 765,  766 


CONTENTS  FOR  THE  INCORPORATION  OF  INDEPEN- 
DENT SCHOOL  DISTRICTS 


Form  No.     Page. 

Forms  for  incorporation  725-734  602-612 

Organization  of  board  of  trustees 613 

Taxing  power  of  district 516 

Assessment  of  taxes 516 

Forms  for  extension  of  boundaries 735-737  616-620 

Forms  for  issuance  of  bonds 738-748  621-636 

Levy  of  maintenance  tax 749  636 

Form  of  order  levying  taxes 750  638 

Refunding  bonds  751  639 

[790] 


UCSOUTVfW 


Illllll 

000  699  700     1 


